Mirrorteams Terms of Service.
Effective Date: 1 April 2022
This Terms of Service, along with the Privacy Policy and General Data Protection Regulation Compliance Statement, constitute a binding "Agreement" established by and between a Customer and/or User (hereinafter referred to also as "You"), and Mirrorteams (hereinafter referred to as "Company", "Mirrorteams", "We"), with its registered office in the United States.
By accepting this Agreement, either by accessing or using Mirrorteams' Service, authorizing or permitting any of Your co-workers, employees, or partners to access or use Mirrorteams' Service, You agree to be bound by the Agreement. By accepting the Agreement, You warrant that You are at least eighteen (18) years old and may lawfully enter into contracts and form binding legal obligations.
If You are entering into this Agreement on behalf of a company, organization, or another legal entity, You represent and warrant that You have the legal authority to bind this company, organization, or another legal entity and its affiliates by the Agreement and that You are lawfully entitled to enter into contracts. In this case, the terms "Customer," "User" (where applicable), "You," "Your" shall refer to such company, organization, or another legal entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and shall not use any of Mirrorteams' Services.
DEFINITIONS
All capitalized terms used herein will have the meanings set forth below:
- "Account" means the access to the Service enabled with a personalized login and password.
- "Agreement" means this Terms of Service, Privacy Policy as well as General Data Protection Regulation Compliance Statement. The Agreement may be extended to cover Non–Disclosure Agreement or Data Protection Addendum upon individual establishment of both Parties.
- "Customer" means any person or entity who uses Mirrorteams' Service, has access to an active Service Account regardless of its version (Trial or Premium), and has the admin's permissions within the Account.
- "Personal Data" means personal data within the meaning of the Regulation of USA and of the Council of protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive.
- "Phishing" means the fraudulent practice of sending emails purporting to be from reputable companies to induce individuals to reveal personal information, such as passwords and credit card numbers.
- "Pricing" means the payment rules and price at which Service shall be provided to the Customer as defined on the Pricing page of the Mirrorteams website or agreed with the Customer separately.
- "Prospect" means the person to whom the cold email campaign is being sent by the Customer and/or User with the Mirrorteams' Service usage.
- "Service" means services developed, supplied, and maintained by the Company to the Customer and/or User under the Agreement available via the Mirrorteams web application and provided in the form of a web application accessible online.
- "Spoofing" means a fraudulent or malicious practice in which communication is sent from an unknown source disguised as a source known to the receiver.
- "SPAM" means irrelevant and/or unsolicited bulk messages sent over Internet communication channels, typically to a large number of contacts with no prior consent obtained from the addressees. SPAM is usually sent for the purposes of advertising, phishing, spreading malware content.
- "Sub-account" means an account connected to Mirrorteams under the Agency Account.
- "Sub-processor" means any person or entity appointed by or on behalf of the processor to conduct actions on Personal Data processing.
- "Subscription" means a model of payment offered by Mirrorteams that implies that Customer and/or User can access the Service on a recurring basis upon recurring payment triggered automatically unless the Customer resigns from the Subscription. Mirrorteams Subscription may be either Premium – delivered upon payment and in line with the Pricing ("Premium Subscription") or Trial – delivered temporarily upon free trial registration.
- "User" means any person who uses Mirrorteams' Services with the access granted by the Customer.
- "Website" means the Mirrorteams website and any subpages related to the main domains. Term Website shall also refer to the Company's Blog related to Service and Mirrorteams Academy.
GENERAL STATEMENTS
1. Mirrorteams provides web-based Services dedicated to individuals, businesses, teams, and organizations that use outbound email outreach for business-to-business (B2B) prospecting purposes or building B2B partnerships.
2. Accepting these Terms of Service along with other required legal documents constitutes a condition to use Services and each Customer is obliged to do so before accessing Our Service.
3. Mirrorteams reserves the right to refine or change features, modify functionality, suspend or terminate the Service or the Website. Such action may be taken without prior notice to the Customer and/or User.
4. You grant Mirrorteams a non-exclusive, unlimited in time and territorially unlimited right to use any of Your intellectual property (including trade-marks or service-marks) and company name and display it on the Mirrorteams Website for promotional purposes. We reserve the right to use Your intellectual property and company name as a reference for promotional purposes on the Website and for other communication with existing and prospective Mirrorteams' customers and/or users. For instance, We might list Your company on one of Our web pages or on one of the lists of Mirrorteams Customers. You can withdraw the consent for Us to do so anytime. Such notification may be delivered via email to info@mirrorteams.com.
5. All information, content, design, and methods accessible through the Services as well as through Our Website are subject to the Company's intellectual property rights (as, for example, copyright and trademarks) and are protected as so. You shall not use, download, or share such content, designs, or information for purposes other than related to using the Services unless You have Our written consent to do so.
POLICY OF MUTUAL RESPECT
1. This Agreement prohibits the use of offensive or/and obscene speech and acts that constitute discrimination both in the content created or in any other form used via Service as well as towards any employee, agent, representative, or any other person related to Mirrorteams.
2. The protected grounds are: age; ancestry, color, race; citizenship; ethnic origin; place of origin; creed; disability; family status; marital status (including single status); gender identity, gender expression; receipt of public assistance (in housing only); sex (including pregnancy and breastfeeding); sexual orientation.
3. Any speech regardless of written or spoken directed towards Mirrorteams employees, representatives, or affiliates (including but not limited to any jokes, comments) on the issues mentioned in point 2 shall not be accepted. The parties to this Agreement undertake to respect human rights and the principles of social coexistence.
4. The breach of the Agreement within the scope of point 1 justifies the immediate cessation of the provision of maintenance services and may result in the termination of the Agreement with immediate effect. In such a situation, the Customer is not entitled to any reimbursement of costs resulting from the breach of the Agreement concluded with Mirrorteams based on the above-mentioned provisions.
ACCEPTABLE USE POLICY
1. This Acceptable Use Policy applies to Mirrorteams Services, Mirrorteams Chrome plug-in extension, and any URLs related to the main domains, all subdomains, Blog, and Academy.
2. To ensure proper functioning and maintenance of the Service, the Customer and/or User shall not misuse the Service and as a consequence, the Customer and/or User is obliged not to:
a. Intentionally or unintentionally hinder the functioning of the Service, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any of its portions) or related systems, networks, or data, causing adverse impact on the Mirrorteams' domain or IP reputation, or affecting in any adverse manner the relation of Mirrorteams with its third-party providers;
b. Overcross API requests limit causing downtime to the Service or hindering its partial operational ability;
c. Misrepresent or hide the data origin, content, or other information submitted to the Service, among others by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else, or accessing the Services via another User's Account without their permission.
3. The Customer and/or User shall not send via the Service or share in any other manner content which may be deemed to be malicious, illegal, or inappropriate, including but not limited to:
a. Content deemed to be SPAM, Spoofing, Phishing;
b. Content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;
c. Content related to racism, xenophobia, discrimination, hate speech, incitement to violence;
d. Content related to or inciting fraudulent behaviors.
4. The Customer and/or User is obliged to comply with this Terms of Service and subsequent documents constituting the Agreement. Mirrorteams reserves the right to permanently delete or temporarily suspend the Account of a person who violates the Agreement, violates legal requirements and obligations, or company security, or is otherwise subject to sanctions or other business restrictions without any prior notice and shall have no responsibility for any costs arising out of the result of such deletion or suspension. Furthermore,
We reserve the right to:
a. Reject, remove or delete any content and data provided by the Customer and/or User that We determine to violate the provisions of this Acceptable Use Policy;
b. Disclose any information regarding Customer and/or User in relation to their use of the Service to satisfy any law, regulation, governmental request, court order, subpoena, or another legal process.
PRICING AND SUBSCRIPTIONS
1. Mirrorteams provides Services under the Subscription Model plus per qualified lead or commission model:
a. A Customer may choose to start with a Trial Subscription (if available) that is limited in time and functionality;
b. A Customer may choose a Paid Subscription as per the Pricing section of the Website, and any specific offers or discounts agreed with Mirrorteams.
2. Pricing is subject to change. Mirrorteams will inform the Customer in advance of any such changes via email or through notifications within the Service. The continued use of the Service after the effective date of such changes constitutes acceptance of such changes.
3. Subscriptions are automatically renewed at the end of each Subscription period. The Customer can manage their Subscription settings and terminate the Subscription at any time via the Service interface or by contacting Mirrorteams support.
4. Termination of the Subscription by the Customer does not entitle the Customer to any refund of the fees paid for the ongoing Subscription period unless otherwise agreed by Mirrorteams.
5. Mirrorteams reserves the right to offer promotional pricing or special discounts to some Customers, which may result in different Customers paying different fees for the same Services.
6. If the Customer fails to make any payment due under this Agreement, Mirrorteams reserves the right to suspend or terminate the Customer’s access to the Service until such payment is made.
LIMITATION OF LIABILITY
1. To the maximum extent permitted by applicable law, Mirrorteams shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or other intangibles, or the cost of procurement of substitute goods or services, arising out of or in connection with the use of, or inability to use, the Service.
2. Mirrorteams’ total liability to the Customer for any claim arising out of or relating to this Agreement shall not exceed the amount paid by the Customer to Mirrorteams for the Service in the 3 months immediately preceding the event giving rise to such claim.
INDEMNIFICATION
1. The Customer agrees to indemnify, defend, and hold harmless Mirrorteams, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the Customer's or User's access to or use of the Service, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity.
MISCELLANEOUS
1. This Agreement constitutes the entire agreement between the parties regarding the use of the Service and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
2. Mirrorteams reserves the right to modify this Agreement at any time. Any such modifications will be effective immediately upon posting on the Website or notification to the Customer via email. The Customer's continued use of the Service after such modifications shall constitute acceptance of the modified terms.
3. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
4. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts, and the parties hereby consent to the jurisdiction and venue of such courts.
By accessing and using the Mirrorteams Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you have any questions about this Agreement, please contact us at info@mirrorteams.com.
