Terms of use

General provisions

GetResponse Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with principal office at Arkonska 6/A3, 80-387 Gdank, Poland, entered in the National Court Register kept by the District Court Gdansk – North in Gdansk under number (KRS) 0000187388, Tax Identity Number: 9581468984, share capital of 5.559.840,00 PLN (“GetResponse”, “we”, “us”) is the provider of a mobile based application named Beam (the “Application”). This is a business-to-business service only. We conclude agreements only with users who install the Application for purposes relating directly to their trade, business or profession. These Terms of Use and the End User License Agreement (the “Terms of Use”) set the rules for the use of the Application by our Users.

By installing the Application the company, organization, or other entity (“you” or the “User”) thereby accepts and agrees to these Terms of Use and agrees to use the Application in compliance with the provisions of this document. These Terms of Use constitute a legal agreement between us and you. If you do not agree with any of the provisions of this document, you may not install or use the Application. We reserve the right to reject your request for installation for any or no reason as long as it is not an unlawful reason.

This is agreement between you and GetResponse, and not with Apple, Inc. or Google, Inc. Neither Apple nor Google are responsible for the Application and the Content thereof.

Limited License to the Application and the Licensed Materials

  1. Under this Agreement we provide you a selection of animated graphics and other Licensed Content which you can redesign in a pre-approved way and use for purpose of posting, uploading, sending, streaming or otherwise making available through social media channels that are integrated with the Application free of charge or basing on a paid subscription. We can offer you a free version of the Application. It has limited features in comparison to paid version. It can also be limited in other ways. You may upgrade the free version to paid version at any point.
  2. We grant you a limited, non-exclusive, non-transferable license to install and use the Application in accordance with these Terms of Use and all other policies developed, published or adopted by GetResponse in connection with the Application. Upon installing the Application you agree to conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the use of the Application.
  3. You are entitled to use materials that we render available to you, including but not limited to graphics images, videos, messages, texts (the “Licensed Content”) solely to use the Application for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
  4. When you post, upload, send, stream or otherwise make available Content through third parties or which belongs to a third party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Use.
  5. Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Application as redesigned by you or incorporated by you (“Content”), are solely your responsibility. Content also includes any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you retain all right, title, and interest in and to the Content. Notwithstanding the forgoing, the term “Content” does not include any materials that you take from our resources, and our collection of predesigned templates. You agree that we can present your animated graphics in our marketing materials, including getresponse.com or any other website or web page owned or controlled by GetResponse (collectively, the “GetResponse Websites”).
  6. The Application is designed for mobile iOS and Android based devices. You may use the Application on devices that you own and control (“Devices”) and as permitted by the usage rules set forth in the App Store Terms of Service or Google’s Play Store Terms of Service or other applicable regulations (“Usage Rules”).

Intellectual Property

  1. Your right to install and use the Application and the Licensed Content is based on a license. All rights not granted herein are exclusively restricted for us, our Affiliate’s or other licensors (if any).
  2. All trademarks, names, service marks, logos, domain names, slogans, trade names of Beam, GetResponse, and any GetResponse’s Affiliates, any other features, as well as other names and designations used by us in connection with the Application, other GetResponse services, or business, copyrights, patents, rights to software and rights of the same or similar effect or nature (“Intellectual Property”) are sole property of GetResponse or GetResponse’s Affiliates. You acknowledge our or our Affiliates’ exclusive ownership of the Intellectual Property and acquire no right, title or interest in or to the Intellectual Property hereunder, except as otherwise expressly provided by this Agreement. No part of the Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.

Payments

  1. You are obliged to timely pay all applicable fees for your use of the Application in accordance with the pricing option and term of your subscription (“Subscription Term”) you have chosen, and these Terms of Use, as well as Usage Rules.
  2. This Agreement shall continue until the end of the Subscription Term. At the end of the Subscription Term the Agreement shall automatically renew for additional successive terms of the same length (“Renewal Term”, and the Subscription Term and Renewal Terms, collectively the “Term”), unless and until you cancel your paid version of the Application. The cancellation shall not become effective until the last day of the current Term.
  3. Please note that if you cancel your payment or paid version of the Application and/or terminate the Agreement before the end of the current Term, we will not refund any fees already paid to us to the fullest extent permitted under applicable law. The refund method will depend upon the payment method. If you wish to receive a refund, please contact with our Customer Service department.
  4. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Application. If you are registered for VAT purposes, at our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Restricted activities

  1. Please respect our, our Affiliates’ and other licensors’ (if any) Intellectual Property rights and follow these rules when using the Application. Please do not:
    1. copy, rent, lease, sublicense, sell, redistribute, otherwise commercially use the Application or transfer rights to the Application;
    2. reproduce, translate, modify, create derivative works based on the Application or the Licensed Content or any part of it, by any means;
    3. display to the public, or make available to the public any part of the Licensed Content or Application, by other means than permitted by us;
    4. make any use of the Application or the Licensed Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the Intellectual Property rights in the Application or the Licensed Content or any part of it;
    5. decompile, reverse-engineer, disassemble or otherwise try to derive source code from the Application;
    6. remove or alter any copyright, trademark, proprietary notice or watermark affixed to the Licensed Content, except as permitted by us;
    7. circumvent any technology used by us, our Affiliates or other licensors to protect the Application and the Licensed Content.
  2. Please do not use the Application and the Licensed Content in a way that could violate applicable laws, good practises and third-party’s rights. Don’t post any Licensed Content, Content, redesign the Licensed Content in a way, or engage in any activity concerning the Application that:
    1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
    2. is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, or privacy rights;
    3. endorse a political party, candidate, elected official, or opinion, present a person suffering from or medicating for, a physical or entail ailment with use of the Licensed Content;
    4. includes malicious content such as malware, Trojan horses, or viruses, or any other file, program or technology that is designed or intended to disrupt, damage, intercept or expropriate service or any system, software, or data, limit the functioning of any software, or to obtain unauthorized access to any data or other information of any third party;
    5. is intended to or does harass or bully others;
    6. is fraudulent, false, deceptive, or misleading;
    7. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not allowed under applicable law;
    8. links to, references, or otherwise promotes commercial products or services competitive to our products and services, or public promotion of which is not allowed under applicable law;
    9. conflicts with law, the Agreements, or third parties’ applicable rules and policies, as determined by us;
    10. interferes with or is harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other users to effectively use the Application.
  3. You acknowledge and agree that engaging in any such restricted activity may result in immediate termination (which means shutting down your access to the Application and the Content), suspension of your Agreement (which means immediate withhold or suspension of your access to the Application and the Content) or removal of any Content at any time.

Support, Maintenance and Modifications

  1. We are solely responsible for providing you maintenance and support services. In case of any account-related and payment-related queries, please send an email to our Customer Service department. We will use reasonable endeavours to respond to all queries within a reasonable time frame. Neither Google, nor Apple has any obligations whatsoever to furnish any maintenance and support services with respect to the Application.
  2. We will make all the effort to keep our service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Some interruptions may also be result of your telecommunication services provider’s difficulties. You acknowledge and agree that we are not liable for any such interruptions.
  3. From time to time we may issue updates or upgrades of the Application, which will have to be installed in order to make use of them. Such installation may occur automatically, or it may require you to install it the same way and from the same source you have installed the Application. We advise you to periodically check if there is any update or upgrade available for you to install.
  4. We may, at our sole discretion and without liability, change or modify the features of the Application, any documents, information, graphics or other content appearing on or in connection with the Application, at any time without prior notice, with reservation that as for the paid version, neither such modification will reduce the functionality provided to you during the Subscription Term.

Third Party Services

  1. The Application is integrated with or make use of third party applications, websites, and services in order to process payments and provide services to you. These third party services may have their own terms of use, privacy policies and other rules and your use of these third party services will be governed by and subject to such regulations. You specifically understand and agree to comply with such third party regulations.
  2. We are not responsible or liable for the behaviour, interruptions, features, or content of any third party services or for any transaction you may enter into with the provider of any such third party services.
  3. You acknowledge and agree that certain distributors, such as Apple and Google, and their respective subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of these Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement directly against you as a third party beneficiary thereof.

Disclaimer of Warranties. Limitation of Liability

You acknowledge and agree that GetResponse provides the Application on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose. You are solely responsible for your use of the Application, any of the GetResponse Websites and any and Content that you develop.

Without limiting the foregoing, GetResponse is not responsible or liable to you for any:

  1. actions or omissions of any third party, and other third parties using your account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse's reasonable control;
  2. failure of external conditions, networks or telecommunications devices or equipment necessary to use the Application that are provided by third parties or otherwise beyond GetResponse's reasonable control;
  3. problems of any kind with features used within test versions, including but not limited to beta-test versions;
  4. insufficient or fluctuations of the bandwidth used by you which may affect Licensed Content quality.

To the maximum extent permitted by law, you agree that in connection with these Terms of Use, the Application and/or use thereof: (i) GetResponse, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim and (ii) GetResponse's entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, shall not in any event exceed the equivalent of amount payable for the Application for one month paid by the you in the Subscription period immediately preceding the date when the event causing the Claim occurred, with the exclusion of any other extra charges. You hereby release GetResponse, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Use due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.

You agree to indemnify and hold harmless GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Use, (ii) violation of any law, or of the rights of any third party, (iii) your use of any third party service or integration of the Application with any third party service. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

Disclaimer of Third Party’s Liability

Please be aware that we, not Apple nor Google, are responsible for addressing any claims relating to your possession and/or use of the Application including, but not limited to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims regarding infringement of any third party’s intellectual property rights.

Termination

  1. Each Party may terminate this Agreement for cause, upon thirty (30) days’ notice to the other Party of a material breach if such breach remains uncured at the expiration of such period.
  2. Without limiting any of our rights elsewhere in this Agreement, we may terminate this Agreement immediately without a notice, if you become a subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
  3. Without limiting our rights elsewhere in this Agreement, we may terminate this Agreement or suspend your access to the Application effective immediately and without notice, if:
    • you violate these Terms of Use, our policies, Legal Requirements,
    • we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect GetResponse, GetResponse’s Affiliates, or GetResponse’s or GetResponse’s Affiliates prospects, customers or services.
  4. If you or we terminate the Agreement, or if we suspend your access to the Application, you acknowledge that we shall have no liability or responsibility to you or any third party as a result thereof.
  5. If your paid version is terminated or expires we may choose to provide you with free version, and you will continue to be subject to this Agreement.
  6. We may suspend, limit, or terminate the free version of the Application for any reason at any time without notice. As we store all the Content in confined space, we reserve the right to terminate your free version due to your inactivity lasting at least six (6) months and in consequence delete all your Content stored in the Application.
  7. You can make use of the Licensed Content as long as you subscribe to the Application. Upon termination or expiration of this Agreement, you will stop all use of the Licensed Content.
  8. All sections of the Agreements that, either explicitly or by their nature, must remain in effect after termination of the Agreements, shall survive termination.

Privacy Compliance

We are committed to protect privacy of our users. Our data protection practices are set forth in our Privacy Policy that is available at: [link] and which forms the integral part of these Terms of Use.

Notice and procedure for making claims of copyright or intellectual property infringement

  1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend access to the Application and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the service;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  2. Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Miscellaneous

  1. The headings of sections included in these Terms of Use are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
  2. Unless as otherwise stated in the Agreements, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
  3. Any failure by us or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.
  4. Excepts as stated otherwise, any notice, request, consent or communication under this Agreement shall be effective only if it is in writing and sent by (i) certified or registered mail, return receipt requested, or (ii) email to contact address (which may be changed by notice given to the other Party).
    GetResponse Sp. z o.o.: Arkońska 6/A3, 80-3987 Gdańsk, Poland
    You: address have provided
  5. The laws of the Republic of Poland shall apply exclusively to this Agreement and all matters related hereto. The Parties agree to submit disputes arising out of or in connection with this Agreement to the Polish courts with jurisdiction over the registered office of GetResponse.
  6. We will periodically update these Terms of Use by posting revised version to this page so please check it from time to time.