It is essential to thoroughly read and understand the Terms of Use before using GiantCampaign or creating an account. By using the Service or signing up for an account, you are entering into a legal agreement that you must comply with. If you do not agree with the Terms of Use, you are not authorized to use the GiantCampaign service.

The GiantCampaign service is a marketing tool accessible through GiantCampaign.com and other related sites that enable you to create, send, and manage bulk email messages to individual recipients. Each email message you create using the Service, along with its contents and code, is referred to as "Content." "Contacts" are email addresses that you maintain as part of the Service.

GiantCampaign is owned and operated by GIANTCAMPAIGN LTD.
Our registered office is located at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.

Account

1. Eligibility
   1. In order to use the Service, you must:
      1. Whether you are a company or an individual, you must possess the legal capacity to enter into binding agreements.
      2. It is necessary to finish the registration procedure in its entirety.
      3. In order to proceed, it is necessary to accept the Terms of Use and furnish accurate, comprehensive, and current contact details.
   2. When utilizing the Service, it is essential to ensure that all the requirements outlined above are met, and the Service is not used in a manner that breaches any laws or regulations. It is worth noting that GiantCampaign reserves the right to decline service and modify eligibility criteria whenever deemed necessary.
   3. To determine the extent of your rights under these terms, it is important to establish whether you are a business customer or a consumer. In certain jurisdictions, your classification will affect the level of protection you are entitled to. If you are an individual purchasing a service primarily for personal use and not for business or professional reasons, you are considered a consumer.
   4. As a requirement, it is necessary for you to have and adhere to an appropriate Privacy Policy and Cookies Policy while following all applicable laws, policies, and regulations regarding the collection of information from Contacts. This should include information about tracking pixels that may be embedded in emails sent through the Service, which you can choose to enable or disable. Additionally, it is your responsibility to actively notify Contacts of the Privacy Policy and Cookies Policy at or before the time you obtain their email address. The policy should provide notice of your use of the Service, the fact that we and the ESPs will be processing personal data on your behalf, and that the Service involves the use of their data and placement of cookies as outlined in the Contact Data Summary. Lastly, it is your duty to obtain necessary consents from Contacts concerning tracking open and click activity in emails sent to them.
2. Accepting these terms
   When you register for the Service, these Terms become applicable. Pressing the 'Sign Up' button implies that you have consented to the Terms, and a legally binding contract will be established based on these Terms ("Agreement"). If you sign up for the Service on behalf of a corporation or any other organization, you assure that you have the ability to agree to these Terms on their behalf.
3. Terms of Use compliance
   Your utilization of the Service is subject to your adherence to this Agreement. In the event that you fail to comply with any of the provisions set forth in this Agreement, we reserve the right to suspend or terminate your use of the Service, without prejudice to any other rights we may have. Our approach is professional and strictly adheres to the terms of this Agreement.
4. Account closure
   Either party, whether it be you or us, has the right to end this Agreement by providing written notice, which includes email. If there is a breach of these Terms, we will not provide any refunds or reimbursements for Subscription Fees. Once the Agreement is terminated, we reserve the right to remove your account and all associated data, including Content from our Website permanently.
5. Changes
   Revised Terms of Use or other relevant documents that are part of this Agreement may be posted on our Website and communicated to you via email or through your account area on the Service Dashboard. If you do not terminate your account within seven (7) days of receiving the email, the new Terms will come into effect immediately and will be applicable to any new or ongoing use of the Service. We reserve the right to modify the Service, the Website, or any Service features at any time.
6. Deleting of Contacts
   We provide a feature in our Service that allows you to remove Contacts from your account. However, if you have shared any Content with a Contact in the past, we will only delete that Contact after a specific timeframe (which won't exceed 14 days) from the date of your last Content sharing with that Contact.
7. Content delivery
   
   1. You understand that despite our efforts, we cannot guarantee the delivery of Content to Contacts through the Service due to various factors such as third-party filtering services and internet routing issues. However, we will make every reasonable effort to ensure that Content is delivered to Contacts.
   2. It is important for you to recognize and comprehend that the Service involves the sending of unencrypted emails in plain text over the public internet. It is your responsibility to encrypt any confidential or sensitive information that you use with the Services. Any emails sent through the Services may not be secured, and could be intercepted by other users on the public internet. Additionally, third parties, such as the email service provider of the recipient, may store and reveal the contents of the email.
8. Account and password
   It is your duty to maintain the confidentiality of your account name and password. You are accountable for any activity that occurs in your account, even if it was not authorized by you. You should inform us immediately if you suspect any unauthorized use of your account. We cannot be held responsible for any losses arising out of stolen or hacked passwords. For security reasons, we may only reset your password and do not have access to your current password.

Payments and subscriptions

9. Subscription
   
   1. If you choose to sign up for a monthly subscription, the information provided in the 'Subscription' section will be relevant to you.
   2. The fees charged for your subscription, known as "Subscription Fees," include all charges for your usage of the Service. These fees are based on the number of Contacts in your list and the amount of Content that is sent to those Contacts during your monthly subscription period. It is agreed that you will pay these fees according to the level of usage you undertake of the Service.
   3. Upon processing of your initial payment, your subscription will commence immediately. Your subscription will automatically renew on a monthly basis on the same day until either party cancels the subscription. To cancel your subscription, you may send an email to sales@giantcampaign.com or utilize the Dashboard. Please note that payments made towards your subscription are non-refundable and your subscription will continue until the end of the current billing period. In the event of cancellation, notice may be sent to the email address registered in your account or through the Dashboard.
   4. It is possible for the Subscription Fees to be altered at any given point, however, you will receive an email notification regarding any changes made to the fees. Additionally, a notice will be posted on the Website regarding the changes. The changes will become effective at the start of the next billing period.
   5. When subscribing to the Service, it is mandatory to pay the fees in the currency mentioned during sign-up. It is important to note that these fees do not include any applicable sales tax or value added tax, which will be charged separately at the appropriate rate.
   6. You have the option to increase your subscription to receive more Content or Contacts as needed for the Service. To upgrade, you can either access the Account Dashboard or contact our support team at sales@giantcampaign.com. Upon upgrading, we will determine the cost of the new subscription and replace your existing one. If you exceed your current subscription level by attempting to import Contacts or sending Content, you will be prompted to upgrade your subscription. If you decide to upgrade, you will be required to pay the additional Subscription Fees immediately. Any future Subscription Fees will reflect the upgraded subscription level.
   7. If you wish to lower your subscription level, you can either access the Account Dashboard or get in touch with our sales team at sales@giantcampaign.com. Your new subscription level will take effect at the start of your next monthly subscription period. However, please note that we do not offer any refunds or credits for Subscription Fees if you choose to downgrade your subscription. Our team ensures a professional approach in dealing with such requests.
10. You have the right to cancel if you are a consumer
    As per the Consumer Contracts Regulations 2013, consumers in the European Union have the right to change their mind and receive a refund within 14 days of purchasing most products and services online. Our company abides by this regulation and offers a 14-day cooling-off period for subscriptions. If you wish to cancel your subscription during this period, you can notify us and we will refund the amount paid for the subscription through the same payment method used during the sign-up process.
11. Credit cards
    In order to maintain your subscription or clear any outstanding balance with our company, you must furnish us with accurate and up-to-date credit card information. By doing so, you authorize us to charge your credit card for monthly or yearly fees, including any subscription upgrades. If your credit card expires, you must provide us with the details of a valid alternative. You confirm that you have the right to use the credit card you provide, and that all charges can be billed to the same credit card without any issues. In the event that we are unable to process your credit card payment, we will attempt to contact you via email and may temporarily suspend your account until we can process your payment.
12. Refunds
    In the event that we discontinue providing our services to you for reasons outside of those specified in our Terms, we will reimburse you for the unused portion of your prepaid month. However, if you choose to cancel your subscription during our 14-day cooling off period, a refund will not be granted. Please note, there are no other circumstances in which a refund will be issued by our company.

Termination

13. In the event of a significant breach or if the other party is involved in any insolvency proceedings, bankruptcy, receivership, liquidation, or assignment for the benefit of its creditors, either party may terminate this Agreement by providing written notice to the other party. It is important to ensure that all information is communicated clearly and professionally in order to maintain the integrity of the Agreement.

Rules and abuse

14. Rules regarding the use and misuse of the Service.
    
    1. The following rules will be followed by you:
       
       1. It is important that you do not use the Services in a manner that could result in legal consequences for us or interfere with other users' ability to use the Service.
       2. You must not utilize the Service in any manner that could potentially harm our business or reputation.
       3. When it comes to sending unsolicited emails, you assure that you will not engage in such activity which is commonly referred to as "spam" and defined by Spamhaus.
       4. It is not acceptable to utilize email addresses obtained through purchasing, renting, or from third-party sources.
       5. In the event that you break any of these regulations, we reserve the right to halt or end your account.
       6. It is necessary for you to adhere to all relevant laws related to data protection, including the European Union's General Data Protection Regulation. No information should be left out while following these regulations.
       7. When using the Service, it is imperative that you abide by the Terms of Use and refrain from engaging in any activities that go against them.
    2. The following must be done:
       
       1. In order for us to provide you with the Service, we require your full cooperation and access to any information that may be needed from you. No information can be left out in this process.
       2. You must adhere to all relevant rules and regulations regarding your content and actions in relation to these Terms.
       3. It is important to acquire and keep all the required licenses, approvals, and permissions needed for us, along with our contractors and representatives, to fulfill our responsibilities according to these Terms, which includes the Service. No information should be left out in this regard.
    3. As a component of the Service, we will take action on your behalf for any requests to "unsubscribe" received from individuals who receive Content through the Service.
15. Abuse reporting
    If you happen to notice any violation of our Terms, kindly bring it to our attention at the earliest. We would appreciate it if you could report any spam that you may have received from a GiantCampaign user. Additionally, if you come across any content that you believe infringes on any copyright laws, we urge you to inform us promptly.
16. Third Party Integrations
    GiantCampaign offers Third Party Integration for the convenience of its users, but we cannot guarantee ongoing support for these services. We want to make it clear that we are not responsible for any service providers connected to our platform through Third Party Integration. As their customer, you have your own user account with them, not with us. We do not have any liability or obligation in relation to the content, use, or correspondence with any Third Party Integration. Any transactions or contracts made through a Third Party Integration are solely between you and the relevant third party, and we recommend referring to their website terms and conditions and privacy policy before using their services.

Taking responsibility

17. Indefeasibility
    In the event that you breach this Agreement (including the Third Party Terms and the Acceptable Use Policy) by using the Service in a way that results in claims, actions, proceedings, losses, damages, expenses, or costs (such as court costs and reasonable legal fees), including claims or actions from recipients of any Content sent through the Service, you are obligated to defend, indemnify, and hold us harmless.

Rights

18. We own proprietary rights
    All of our rights in and to the Services, including our intellectual property rights (such as patents, trademarks, trade secrets, and copyrights), are reserved by us, except for the limited rights explicitly granted in these Terms. There are no rights granted to you under these Terms, except as expressly stated in them. You must respect our proprietary rights. The trademarks "GiantCampaign" and its logo are owned by GIANTCAMPAIGN LTD, and you are not permitted to use them without our prior permission.
19. Owned by you are your proprietary rights
    When using our service, you confirm that all the content you provide either belongs to you or you have permission to use it. You will continue to own your content, but by using our service, you give us, our agents, and subcontractors permission to use your content to ensure the proper functioning of our service. Additionally, we may use your content anonymously, without identifying you or the recipient, to enhance our spam identification processes.

GiantCampaign appreciate your efforts in going through these Terms with utmost diligence.