Terms of Use

Terms Of Use!

Please read these Standard Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Chumsay.com (collectively, “Chumsay,” “we,” or “us”). 


We’ll start with the basics, including a few definitions that should help you understand these Terms. Chumsay offers an online marketing platform (the “Website”) that allows you to manage your social media profile, to create, send, and manage certain marketing campaigns, including, without limitation, blogs, advertisements, publications, chatting with your followers, follow and unfollow chumsay users, online marketing sales, manage group and pages,  (each a “Campaign,” and collectively, “Campaigns”), and reach people and sell your things (each, a “Site,” and collectively, “Sites”) among other things. 

These Terms, including our Acceptable Use PolicyAPI Use PolicyCopyright and Trademark PolicyData Processing Addendum, and Brand Guidelines (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which in addition to our Global Privacy Statement and Cookie Statement, describe how we’ll treat your account and the data we collect and process about you, your end users, and your contacts and customers while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Additional terms and restrictions available on our Chumsay Site at https://www.chumsay.com/terms/privacy-policy (“privacy”) apply to some features of the Service and other policy, to your chumsay account. Members agree to the applicable Terms at the time, Also note that a Member’s account may have access to unique features of the Service based on their historic usage or status.

If you have any questions about our Terms, feel free to contact us at legal@chumsay.com

I. Account




 

1. Eligibility

In order to use the Service, you must:

1. be at least eighteen (18) years old and able to enter into contracts;

2. complete the account registration process; and proper profile (not a troll/dummy account). 

3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;

4. provide true, complete, and up-to-date contact and billing information; not a dummy account. 

5. not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;

6. and not be listed on any U.S. government list of prohibited or restricted persons.

7. Suicidal posts, images, videos, and pornographic content are prohibited. 

8. Spamming is prohibited.

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.

chumsay may refuse service, close and disable accounts of any Members, and change eligibility requirements at any time.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and chumsay is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a chumsay account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or chumsay may terminate the Agreement at any time and for any reason. You may do so by terminating your chumsay account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay as You Go Credits. 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 Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes

We may change any of the Terms by posting revised Terms on our chumsay Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

5. Account and Password

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 chumsay 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. 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. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

6. Account Disputes

We don’t know the inner workings of your profile or organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of chumsay.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

 

II. Payment

7. Marketing Platform / Online Sale: Monthly Marketing Plans and Pay as You Go Credits

If you had a paid monthly plan on or before May 15, 2020, the following Section 7 may not apply to you and your account. If it does not apply, an alternate version of Section 7 applicable to you and your account is available in your account (navigate to “Account,” then “Billing,” then “Monthly plans or credits”).

7A. Paid Marketing Plans

If you sign up for a paid monthly marketing plan, you will be required to self-select both your projected audience, as described in Section 7B below, and your package (e.g., Essentials, Standard, Premium) (together, your “Paid Marketing Plan”) from the options posted on our chumsay Site based on your anticipated use of the Service. Each Paid Marketing Plan offers different pricing and feature options and has varying usage limits. Once you select your Paid Marketing Plan, Chumsay will never automatically upgrade or downgrade your Paid Marketing Plan. So, give yourself room to grow if you’ll need it! If you exceed your Paid Marketing Plan usage limits (either by exceeding your audience or monthly email limits, or both), you will incur additional charges for the prior billing cycle based on your current Paid Marketing Plan, which will be detailed on your bill and in your account. Before paying for your Paid Marketing Plan for the first time, you will have an opportunity to preview the additional charges which would apply to your Paid Marketing Plan should you incur them by exceeding your self-selected usage limits. If you decide to proceed, and you incur additional charges, you agree to pay them on or before the next Pay Date, as described below. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing cycle, you may elect to upgrade your package, your audience limit, or both. If you elect to upgrade both, the upgrade amount for the package upgrade is calculated first, and the upgrade amount for the audience limit upgrade is calculated second. In any event, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lower tier and the higher tier (including any applicable additional charges for the higher tier). You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier).

7D. Pay as You Go Credits

You may also buy email credits to use the Service (“Pay as You Go Credits”), as explained on our chumsay Site. You will have an opportunity to review current rates for Pay as You Go Credits in your account prior to purchase. If you choose to buy Pay as You Go Credits, you’ll have access to the features of the Service included in the Essentials Marketing package, as described on the pricing page, and other than the monthly payment requirement, all of these Terms will still apply to you. Pay as You Go Credits purchased on or after May 15, 2020 roll over each month, and expire 12 months after purchase. Pay as You Go Credits purchased before May 15, 2020 also roll over each month, and expired on May 15, 2020. Pay as You Go Credits have no cash value, cannot be refunded or redeemed for cash, and represent a limited license to use the Service for the specified volume and type of service.

8. Commerce Platform: Monthly Commerce Plans, Stores, Websites and Domains

8A. Monthly Commerce Plans

You also have the option to select a monthly Websites & Commerce plan (“Commerce Plan”) from those posted on our Chumsay Site. With a Commerce Plan, you will have access to Stores and related commerce features. All Members, including those who sign up for a Free Marketing Plan, have access to basic commerce functionality under the Free Commerce Plan. If you sign up for a Core or Plus Commerce Plan (such Commerce Plan, a “Paid Commerce Plan”), you agree to monthly recurring billing in advance, starting on the date you sign up for a Paid Commerce Plan. Thereafter, billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan (e.g., Paid Commerce Plan, Paid Marketing Plan). Note that your first payment for your Paid Commerce Plan may be prorated if you first started paying for any other recurring monthly plan before you signed up for your Paid Commerce Plan; thereafter, your payment dates will align, and you will be billed for the full billing cycle each month.

If you wish to cancel your Paid Commerce Plan, you may do so within your chumsay account, and cancellation will be effective on the last date of the current billing cycle for which you have paid. You agree to make all payments owed for your Commerce Plan in accordance with these Terms. If you had a free or paid monthly plan on or before May 15, 2020 and still have that plan, you do not have access to Paid Commerce Plans at this time.

8B. Stores

If you create and publish a Store, you are also subject to Additional Terms. Irrespective of the Commerce Plan that you select, if you create and publish a Store, you will be required to pay processing and other fees to our payment methods for any transactions conducted through your Store. Those fees will be described in your contract with our payment method partners. You will also be required to pay transaction fees to chumsay, the amount of which depends on your Commerce Plan and Store order volume.

Transaction fees will be a percentage of total order value (i.e., total merchandise value, minus any promotions and discounts, plus all shipping and handling fees and applicable taxes), and will be calculated and automatically deducted from total order value (and retained by chumsay) on a per order basis. Your customers will not see these transaction fees during their checkout process. Transaction fees will not be returned or refunded by chumsay to you or your customer under any circumstance, including in the event your customer returns or exchanges a product or in the event of a fraudulent transaction; however, in many instances, a fraudulent transaction will be detected and terminated by our partner payment method prior to completion, meaning no processing or transaction fees would have been charged for that transaction. Please refer to your contract with our payment method partners for information on their processing and other fees.

8C. Websites and Domains

Chumsay branded domain are offered to Members free of charge. 

Websites for chumsay are offered free of charge. To build a social media profile, pages, group, publication articles, blogs, marketing online store and more, all are subject with our terms and condiitons, 

 

Feedback and Proprietary Rights

We own all proprietary rights in the Service and chumsay Site, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and chumsay Site, and you may only use our brand assets according to our Brand Guidelines.

You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to chumsay in the course of using the Service or which chumsay otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms, including as further provided under Section 15. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback and that we may use any Feedback you provide to improve the Service or to develop new features and services.

Rules and abuse

General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You won’t send spam!
  2. You won’t use purchased, rented, or third-party lists of email addresses.
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
  4. If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Chumsay doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site, or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

Chumsay also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a chumsay Member, please report it to our email abuse@chumsay.com.  (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via the contact information provided in our Copyright and Trademark Policy.

19. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Content, Campaigns and Sites. We provide image and data hosting only for your use of the Service, so you may not host images or data on our servers for anything else. We may throttle your sending or connection through our API at our discretion.

20. Compliance with Laws

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, GLBA, Data Protection Laws (as defined in the Data Processing Addendum), 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 ActFair Credit Reporting ActEqual Credit Opportunity ActChildren's Online Privacy Protection Act, or any other applicable laws.

If you collect any personal information pertaining to a minor and store such information within your chumsay account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

You agree, represent, and warrant to chumsay that:

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable Data Protection Laws, (b) describes your use of the Service, and (c) includes a link to our Global Privacy Statement.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to chumsay and to enable such data to be lawfully collected, processed, and shared by chumsay for the purposes of providing the Service or as otherwise directed by you.
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  4. You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable chumsay to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in our Cookie Statement.
  5. To the extent chumsay processes your Content protected by Data Protection laws as a processor on your behalf (all as defined in the DPA), you and chumsay shall be subject to and comply with the chumsay Data Processing Addendum ("DPA"), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your Content on your behalf in connection with the Service.

In addition, if you are subject to EU Data Protection Law (as defined in the Data Processing Addendum), you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

21. Export Controls

The software that supports the App (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Software, your Sites or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It’s important to note that this Section 21 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern chumsay, the Service, or the Software. You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

V. Liability

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the chumsay Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of chumsay and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to 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.

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 these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with 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, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

Subpoena Fees

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.

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. 

 

Beta Services

From time to time, (i) we may invite you to try products or features related to our Service that are not generally available to all of our Members or the public or (ii) we may release products or features related to our Service that are identified in the site as beta, preview, pilot, limited release, or by a similar designation (collectively, “Beta Services”). Beta Services may be provided for evaluation or testing purposes only, and, therefore, may contain bugs or errors, and may not be as reliable as other features of the Service. The Beta Services are provided as-is. Your use of such features may include additional rules or restrictions that we may place on their use. We may discontinue Beta Services at any time in our sole discretion, and we may decide not to make Beta Services generally available. For the avoidance of doubt, Beta Services are a part of the Service, and, therefore, are subject to the terms of the Agreement.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our chumsay.

Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to us along with a copy to our legal counse, or any addresses as we may later post on the chusmay site. 

 

 Entire Agreement

The Agreement, including these Terms and any Additional Terms you’ve agreed to by enabling any Add-ons, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.