These Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with Saleswhale in connection with the Service (collectively, "Terms"), govern your access to and use of Saleswhale ("Saleswhale", "we" or "our") websites, services, and applications (collectively, the "Service"). These Terms apply to all visitors, user and others who access or use the Service. Please read them carefully before using the Service.

By accessing or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

Your Data

In order to use our Saleswhale Services you must link a 3rd party email account to your Saleswhale Services account. With your permission (which you are granting by using the Services), we will create, modify, update, send and receive emails for you to access using the Saleswhale Services. You will also have the option to import lists of your leads through the Saleswhale Services. This data, along with any electronic data and information submitted by or for you to the Saleswhale Services, including electronic data and information submitted by or for you through your use of third party applications, or collected and processed by or for you using the Saleswhale Services (excluding information obtained by the Company from our content licensors or publicly available sources and provided to you, or otherwise provided by the Company to you in connection with the Saleswhale Services) is referred to as “Your Data.”

You retain full ownership to Your Data. We do not claim any ownership to any of it. 

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Saleswhale Services when you are not using them.

Pricing and Payment

The fees for the Service shall be paid in accordance with the terms set forth on the applicable Services Order Form.

Privacy

We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. To be clear, aside from the exceptions we identify in the Privacy Policy, no matter how the Service changes, we won’t share your Content with others unless: (a) you have given us permission to do so; (b) we are required to by law or by valid legal process; (c) we need to do so in order to provide you the Service; or (d) one of the other exceptions described in the Terms or Privacy Policy applies. By using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed by us and by third parties on our behalf.

Access & Data Security

You give us permission to access your computer, or other telecommunications or information systems (“Systems”) in order to provide the Service. This permission is limited to those Systems, time periods, and personnel as are reasonably needed to provide the Service. Access is subject to business control and information protection policies, standards, and guidelines as you may provide to us. We warrant that we have adequate security measures in place to comply with the above obligations and to ensure that access granted hereunder will not impair the integrity and availability of your Systems.

We shall implement and maintain reasonable administrative, physical and technical safeguards that are designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any of your data (including any applicant or employee data furnished by you as may be held or accessed by us). And we shall notify you as soon as reasonably possible following discovery of any suspected breach or compromise of the security, confidentiality, or integrity of your data.

Limitation of Liability

To the fullest extent allowed by applicable law, you agree to indemnify and hold Saleswhale, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

This Agreement shall be governed by the laws of Singapore without regard to its conflict of laws provisions.