Acceptable Use Policy
Acceptable Use Policy
All products and services provided by Helpfully may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Helpfully from any claims resulting from Customer’s use of the service which damages Customer or any other parties, including attorney’s fees.
NOTICE: Load balancing activity is prohibited by the card schemes and banks and will lead to termination of your merchant facilities if discovered.
Helpfully will not be liable for any interruptions in service or other monetary loss related to enforcement of the Helpfully Terms of Service (TOS), including this Acceptable Use Policy.
Services Provided:
Helpfully provides Customer with Web-based sales and marketing automation software that includes e-mail, fax, voice broadcast, e-Commerce and affiliate functionality. All services provided must be used by Customer in compliance with the Helpfully Terms of Service.
Customer Obligations:
Customer agrees to use Helpfully's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by Helpfully's requirements governing the use of the various components of the services, as described below:E-Mail: Helpfully strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called “Spam”).
Helpfully maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer’s behalf.
As determined by Helpfully's sole discretion, Customer shall have proof that all individuals in the Customer’s database have opted in or otherwise agreed to receive communications from Customer.
All lists used in conjunction with the services provided by Helpfully are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have explicitly agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited. Marketing lists containing email addresses within Helpfully cannot be shared/duplicated/transferred between individual applications.
Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Helpfully's services must use the Helpfully -provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
The opt-out link may not be excessively “padded” with line-breaks or similar means to deceive recipients.
The complaint rate (“feedback rate”) may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below. As of this writing, the industry standard for complaint rates is less than .1% (1/1000) on a per Email/Internet Service Provider basis. It is Customer’s sole responsibility to maintain under the then-current industry standard.
Unsubscribe requests must be processed immediately.
Fax: Helpfully strictly prohibits the use of its facsimile (“Fax”) services for illegal or inappropriate purposes. Customer agrees that all faxing services provided by Helpfully will be used only for proper legal purposes and in a lawful manner. Customer must have permission from each recipient in order to send faxes to that recipient.
Voice Broadcast: Helpfully strictly prohibits the use of its voice broadcasting services for illegal or unethical purposes. Customer agrees that all voice broadcast services will be used only for proper legal purposes and in a lawful manner.
Customer may not send voice broadcasts to any individual listed on the National Do Not Call Registry unless Customer has express permission from the recipient to receive voice communications from Customer.
SMS and MMS terms of use
Helpfully is offering you the option to receive text messages (SMS) and/or multimedia text (MMS) from us so we can contact you about a listing you inquire about, notify you about updates to the information you may need in order to access properties we handle, and otherwise inform you about our services. Our text messaging program (the “Program”) is new, and we want you to fully understand the terms and conditions of participating.
Consent to Participate. By providing your phone number with the understanding that we will use it to send you text messages in accordance with these Terms & Conditions, you consent to receive such text messages and multimedia text messages from Helpfully and our service providers and agents, including Twilio (https://www.twilio.com/), that are assisting with the Program (collectively, “Helpfully”), in accordance with these Terms & Conditions. In providing such consent, you represent that you understand that: (i) the text messages will be sent to the phone number you provide; (ii) some of the Program text messages may be marketing messages; (iii) the Program text messages may be sent to you using an autodialer; and (iv) your consent to receive these text messages is not a condition for your purchase of any goods or services from Helpfully.
In providing your phone number for us to use to send you text messages, you also are representing that you are: (i) the account holder for the mobile telephone number you use to send the text; (ii) a resident of the United States; and (iii) at least 18 years of age. Providing your phone number also confirms that you understand that Program text messages sent to you (i) may contain financial information; (ii) SMS messaging is not encrypted; and (iii) it is possible that a third party could read these messages. With respect to your responses to the Program text messages, any personal information contained in those responses will be subject to the terms of our Privacy Policy (https://helpfully.pro/Company/PrivacyPolicy) as well as the Twilio Privacy Policy (https://www.twilio.com/legal/privacy).
The number of messages you receive will vary depending on how often you transact or communicate with us. The text messages will not cost you anything if you have an unlimited texting plan. If you are unsure about your phone’s texting plan, please check with your mobile phone service provider to see if any additional message and data rates may apply, including any applicable roaming charges.
Opt Out. To opt-out of the text messaging Program, text STOP in reply to any of the Program messages you receive. A text message will then be sent to your number confirming the cancellation, but no more messages will be sent after that one.
Duty to Notify. If your phone number changes and you wish to continue receiving text messages, you must notify Helpfully of your new phone number. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you must complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. Your agreement to do so is a material part of these Program Terms & Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such a change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Support/Help. For support or information about the Program, reply HELP to any of the Program messages you receive.
Changes to Terms & Conditions. Helpfully may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment will take effect when such changes are circulated to Program participants via text message. Please carefully review any changes to these Terms & Conditions should you receive them.
Termination of Text Messaging. Helpfully may suspend or terminate your receipt of Program text messages if we believe you are in breach of these Terms & Conditions. Your receipt of Program text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Helpfully reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program text messages, with or without notice.
E-Commerce: Helpfully provides e-Commerce services including Web Form(s), Sale Form(s), tracking links, redirected “Landing Pages,” etc. Customers may not send unsolicited communications whether through Helpfully's services or by means of third-parties which direct individuals to any Helpfully e-Commerce services that reference Helpfully .
Affiliates: Any and all of Customer’s affiliates are bound by the terms of the Helpfully Terms of Service. Customer is solely responsible for ensuring their affiliates are compliant to the Helpfully Terms of Service. Customer’s failure to ensure their affiliates’ compliance will be subject to the enforcement these policies.
Privacy Policy: Customer must publish, enforce and abide by a privacy policy which protects its customers’ personal information in its possession or under its control. Such privacy policy at a minimum must be as stringent as Helpfully's Privacy Policy. In particular, Customer agrees that it will not sell, loan or in any way pledge or hypothecate the personal information of its customers to any other person or entity by way of joint venture or any other agreement.
Violations and Penalties:
Customers who fail to comply with the terms of the Helpfully Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.Complaints: A $250 investigation fee may be assessed to Customer’s account for each complaint of unauthorized communication that Helpfully receives involving a Customer’s account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints. “Complaints” may include, but is not limited to individual reports e-mailed to abuse@Helpfully .com, third-party ISP complaint notifications, notification from anti-spam organizations such as “SpamCop” and internal heuristic research performed.
Notice and Communication of Complaints: Upon receiving a complaint, Helpfully will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Helpfully reserves the right to suspend Customer’s service until Customer has resolved the situation to Helpfully's satisfaction, at Helpfully's sole discretion. “Customer Notification” — Helpfully will make a reasonable effort to contact Customer in the form of e-mail, telephone and login notification within the Helpfully Application; sourced from information currently on file.
Confirmed Violations, Unsolicited E-Mail: A $250 non-refundable investigation fee will apply per complaint in the event Helpfully determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer. In the event of multiple complaints, Helpfully services may be suspended in order to maintain integrity of services provided. Services can only be reinstated by meeting the criteria as determined by Helpfully to minimize and address complaints.
Confirmed Violations, Complaint Rate, Reactivation Fee: In the event complaint rates exceed industry standards, Helpfully will immediately suspend e-mail services and notify Customer via e-mail and/or telephone. A $200 “Service Reactivation Fee” will be applied toward the Customer’s account for investigation resources spent toward identifying and addressing high complaint rates.
Excessive, Widespread and/or Repeated Violations: In accordance with Helpfully's Zero-Tolerance No-Spam Policy, Helpfully will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Helpfully Terms of Service. All data contained in Customer’s account will be permanently removed. Customer will be held accountable for any monetary damages suffered by Helpfully , due to Customer’s actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation. The determination of what constitutes an “excessive, widespread and/or repeated violation” of this policy will be determined by Helpfully .
Reservation of Rights:
Helpfully reserves the right to terminate Customer’s account for any violation of the Helpfully Terms of Service.Helpfully reserves the following rights:
Questionable Practices (“Inappropriate Use”):
Helpfully may terminate Customer’s account if Customer engages in any practice that is, in Helpfully's sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. This includes, but is not limited to:
content that in any way exploits minors under 18 years of age
viruses, worms, phishing, malware, or any other potentially harmful software
marketing to any lists of associations, memberships, voters or realtors, or any other lists whose recipients did not express explicit consent to receive such marketing material
products, services, or content that are often associated with abusive business practices or spam, such as:
pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult “swinger” promotions
illegal drugs, software, media, or other goods
manufacture, importation, possession, use and/or distribution of marijuana or any other violation of the Controlled Substances Act
instructions on how to assemble or otherwise make bombs, or other weaponry
online and direct pharmaceutical sales
debt collections, credit repair and debt relief offerings
stock picks or promotions
“get rich quick” and other similar offers
promoting pyramid schemes or network marketing (i.e. MLM) businesses
odds making and betting/gambling services, including but not limited online casino games, and sporting events
Change of Terms and Conditions
Helpfully reserves the right to change the terms and conditions of this Policy, as needed. Use of Helpfully's software and/or services by Customer after said changes constitutes Customer’s acceptance of the new Policy. Helpfully will inform Customer when significant changes are made to any policies under the Helpfully Terms of Service by means of the Customer’s e-mail, currently on file.
ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE HELPFULLY SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
NON-COMPETE.
The User, whether it be system User or API User agrees that during the term of the Agreement and for two years thereafter, User will not develop, reengineer Helpfully technology, offer, sell or distribute a competing technology to the Helpfully Service. A competing service is defined as a service that seeks to acquire Users for the purpose of offering a customer relationship management (CRM) or campaign management software system. User understands that violation of this clause is grounds for immediate termination of the Agreement by Helpfully with no liability on the part of Helpfully and further User understands that Helpfully may seek equitable relief to stop the violation and competing activity as well as any other relief available under the law.
Billing Policies
Usage of Helpfully products and services constitutes customer’s acceptance of Helpfully ’s billing policy, and all customers must comply with this billing policy.
Special note regarding signed contracts: If you entered into a signed contract for your services, such as an annual contract, please review your contract for specific terms relating to your obligations in addition this billing policy. In the event the terms of your signed contract conflict with these terms, the signed contract will prevail.
Unless otherwise agreed in writing, all accounts are set up on a prepaid basis, and payment must be received by Helpfully before any billable product or service is provided/activated. Customers are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees, fax or voice broadcast service fees and all email overage fees.
Subscription billing is based on availability of products and services, not based on usage. However, certain fees may be usage-based such as fax, voice broadcast service fees, and email overages. Disabled applications will incur monthly subscription fees, regardless of availability of product in the case of a breach of online terms including but not limited to delinquent accounts.
Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online through the Customer Center. To access the Customer Center, customers should log into their Helpfully application, click on “Subscription” and then click “Update your billing info”.
All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Payment receipts are available to customers upon request or through the Customer Center.
Billing Cycle
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date.
Late Fee: All past due accounts may be assessed a late fee.
Delinquent Payments: In the event any payment is 15 days past due the account may be disabled until balances are paid in full. When disabled, all access will be suspended, and data will be unavailable.
Deactivation: Once an account is delinquent 60 days, it may be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Application data may be stored for up to 90 days post-cancellation; after 90 days, application data will no longer be available. In this event, the account record and delinquent balance will be submitted to a third-party collection service.
Fees
Late Fee: Helpfully may assess a $30.00 late fee for any payment that is 15 days past due.
Chargebacks: If a customer initiates a chargeback, Helpfully may assess a $50.00 processing fee for each individual chargeback.
Returned Checks: Helpfully may assess a $50.00 processing fee on each returned check.
Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Helpfully Services
Services purchased from Helpfully must be used within the timeframe specified at the time of purchase. Service fees are nonrefundable. In the event of cancellation, Helpfully will not prorate any portion of unused Service fees and amounts due to Helpfully must be paid in full.
Third Party Products and Advertising Usage
In the event Helpfully collects fees for any third-party products and/or services, including but not limited to advertising usage, the fees are non-refundable.
Payment Methods
Helpfully accepts payments via credit/debit card. Helpfully currently accepts American Express, MasterCard, and VISA credit/debit cards.
Subscription Billing
Invoices are generated, and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the Helpfully subscription. Customers must request to cancel their subscriptions per the terms defined in the Agreement. In the event of cancellation, customers will still have access to their applications through the end of their final billing period. Helpfully will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.
Cancellation Process
Creating a Cancellation request: A request to cancel an Helpfully application must be initiated per the terms defined in the Agreement. Emailed requests to cancel are required and can be sent to admin@Helpfully .pro . Customers are encouraged to keep records of all communications regarding cancellation.
Simply canceling the credit/debit card associated with an Helpfully account does not cancel the account. Helpfully will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that you submit an email per the terms of the contract if you wish to initiate cancellation of your Helpfully account.
Finalizing the Cancellation:
After a request to cancel has been initiated, you must speak with a member of the cancellation team to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by the cancellation team, subject to the terms of the “Subscription Billing” paragraph above.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for third party fees, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
Billing Disputes
Each Helpfully customer agrees to provide Helpfully 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Helpfully receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Helpfully has been given a chance to resolve the issue, Helpfully has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Helpfully , in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Helpfully retains the right to collect on any Services or fees that are due. Helpfully may submit any disputed amounts to a collection agency. Once a chargeback has been received, Helpfully has the right to suspend the account until the matter is resolved.
Refunds
Subscription and Service fees are non-refundable and will not be prorated at any time.
