EndorseBot provides its Services subject to the terms and conditions in this Terms of Service (“Terms" or “Agreement").
When we refer to our “Services" in these Terms, we mean to include the entire thing -- our services, which includes all of our programs, features, functions and
report formats, instructions, code samples, on-line help files and knowledgebase, our website, account portal, technical support,
Add-ons as well as any upgrades or updates to any of these, made generally available by us,
and includes any of our software provided to you in connection with your use of our services, and our SMS messaging and email services.
To be eligible to register for a EndorseBot account and use EndorseBot’s Services,
you must review and accept the terms of this Agreement by clicking on the “I Accept” button or other mechanism provided.
PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND EndorseBot.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE EndorseBot’S SERVICES.
In this Agreement, “we,” “us,” “our” “the service” or “EndorseBot” will refer to the parent entity Nielsen Information Services LLC, 8021 N 178th Ave Waddell AZ, 85355.
And, the terms “you,” “your” and “Customer” will refer to you. If you are registering for a EndorseBot account or using EndorseBot’s services on behalf of an organization,
you are agreeing to these terms for that organization and promising EndorseBot that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “customer” will refer to that organization).
The exception to this is if that organization has a separate contract with EndorseBot covering your account and use of our Services,
in which case that contract will govern your account and use of EndorseBot’s Services.
IMPORTANT NOTE: EndorseBot DOESN’T PROVIDE WARRANTIES FOR ITS SERVICES, AND THESE TERMS LIMIT OUR LIABILITY TO YOU.
IN ADDITION, DISPUTES ABOUT THESE TERMS OR RELATING TO YOUR ENDORSEBOT ACCOUNT OR ENDORSEBOT’S SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.
If you have any questions, you can reach the EndorseBot team at https://endorsebot.com/contact.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will provide you advance notice of any material revisions. This notice will be provided via the account portal and/or via an email to the email address we have on file. For other revisions, we will update the effective date of these Terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit EndorseBot’s website or account portal. Your continued access or use of our Services constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using EndorseBot’s Services and we are not obligated to provide you with the Services.
The features and functions of our Services, including our Software Functionality, and EndorseBot’s service level agreement (SLA) and Pricing, may change over time. Our policy is to Grandfather existing customers forward with the plan and pricing they signed up with. If the price and or offering changes for your current plan, you still can keep your existing pricing and features. However, if a customer chooses to switch to a new plan, then the Grandfathered or previous pricing is lost and no longer applicable.
To use our Services, you will be asked to create an account. As part of the account creation process, you’ll be asked to provide your email address, create a password, and verify that you’re a human being by sending you an email that you must open and interact with to verify that it's you.
Until you apply for an account, your access to our Services will be limited to what is available to the general public.
When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process.
You must also keep that information true, accurate, current and complete after you create your account.
We ask that you only create one account per business entity and designate an account owner and primary location.
You are solely responsible for all use (whether or not authorized) of our Services under your account(s) and created user account(s),
You are also solely responsible for all use and for all acts and omissions of anyone that has access to your sub user accounts (“End Users").
You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services and will notify us promptly of any unauthorized access or use.
We will not be liable for any loss or damage arising from unauthorized use of your account.
For the use of our SMS gateway, and any phone numbers for which EndorseBot is required to have an address for you on record,
it is your obligation to provide us with an accurate and current address to associate with phone numbers used for your account.
You are responsible for updating that address within fifteen (15) days of a change of address.
In order to use the Service, you must:
A) be at least eighteen (18) years old and able to enter into contracts;
B) complete the registration process;
C) agree to these Terms;
D) provide true, complete, and up-to-date contact and billing information; and
E) Must be based in the United States or Canada and cannot be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
EndorseBot may refuse service, close accounts of any users, and change eligibility requirements at any time.
You or EndorseBot may terminate the Agreement at any time and for any reason by terminating your EndorseBot account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, you will be refunded the fee for the current month and any unused credit for any add-ons you have purchased. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your customers, review requests, marketing messages, and any other data and images you have stored in the system.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that EndorseBot is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan.
You can request that your account be on temporary suspension if you want to stop for a while and resume usage.
Our charges for Monthly Plans are posted on our Website and may be changed from time to time.
The first payment is due immediately at sign up and each months fee is due at the beginning of the month on or around the same day you signed up.
All accounts are on auto billing and require a credit card.
When the account is billed, if the transaction fails the account will not be renewed for the month and the send balances will not reset.
Your account allows a 7 day grace period to resolve payment issues. After that, the account will go into overdue status and you will only be able to access the billing pages until the payment is made.
We offer several one off products that you pay for once, then use to completion. Essentially you can buy more Text Messages and Emails if you run out your send limit for the month.
Another add on you can purchase is additional locations. This is if you want to keep your same plan, but just need more locations.
All location add-ons are a recurring service and you will be billed monthly for any locations add-ons you purchase.
While you're a subscriber to Endorsebot, 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. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. 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.
You will respect our exclusive rights in the Website and the software used to provide the Service (exclusive rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). We currently only allow use of our branding assets as they appear in the software used by our subscribers (clients).
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to EndorseBot in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, and our Privacy Policy.
We take privacy and data protection very seriously. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use Endorsebot.
We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Functions”) that help us spot problem accounts and improve Endorsebot. We use these Functions to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.
By agreeing to these Terms of Use, you also agree to follow these rules:
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a EndorseBot Member, please report it to our abuse team.
If you think anyone has posted material that violates any protected marks or copyrights, then please let us know.
We do not allow hot linking. All bandwidth used for your account is restricted solely to your Endorsebot activities.
You are allowed to host media in your account and may only use that media for Endorsebot activities.
You many not use it for outside uses like linking it to a website for example. Or sharing the hosted image on social media.
Any abuses of bandwidth will lead to account suspension.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations.
You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA,
GLB, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws.
If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements.
You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act,
Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
If you collect any personal information pertaining to a minor and store such information within your EndorseBot account,
you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives,
or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of Endorsebot including any downloads from the Website or even the website itself.
We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to Endorsebot and/or the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use Endorsebot for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Subscribers or Clients.
This is a great tool that can really help you grow your business, but there's certain ways this software could be used outside of it's intended design that are off limits.
There's even things that we consider harmful to our system and will not allow. Any violations of any of the following terms will certainly get an account suspended immediately, if not at least temporally.
You've made it to the end of these terms. Thank you for taking the time to read our Terms of Use and Anti SPAM Policy.