These terms of service (the “Terms”) govern your access to and use of Saleswhale Pte Ltd’s Web Sites and the related applications and services offered by the Company under the “Saleswhale” brand, and the “Saleswhale” applications and services accessible via the Company Web Site listed below or through Google Play or the Apple iTunes App Store (the “Saleswhale Services” or “Services). The Saleswhale Services Privacy Policy is hereby incorporated by reference. By accepting these Terms, either by clicking a box indicating your acceptance, accessing or using the Saleswhale Services, or by executing an order form that references these Terms (an “Order Form”), you agree to all of the terms set forth herein. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and representing that you have the authority to bind that organisation to these terms. In that case, “you” and “your” will refer to your organisation.

You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with the Company. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

You may not access the Saleswhale Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Saleswhale Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

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. You grant the Company a worldwide, perpetual license to host, copy, transmit and display Your Data as necessary for the Company to provide the Saleswhale Services in accordance with these Terms. You also grant to the Company a royalty-free, perpetual, worldwide, transferable, sub-licensable license to transfer Your Data to third party service providers used by the Company in providing the Saleswhale Services.

You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it's your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users' compliance with these Terms and will use commercially reasonable efforts to prevent unauthorised access to or use of Services, and notify us promptly of any such unauthorised access or use.

You acknowledge that the Company has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

If you install or enable any third-party application for use with the Saleswhale Service (e.g., Google, Outlook), you grant us permission to allow the provider of that application to access Your Data as required for the interoperation of that third-party application with the Saleswhale Service. We are not responsible for any disclosure, modification or deletion of Your Data resulting from access by a third-party application.

Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share 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. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorised access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of Your Data. 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.

Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not the Company, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service, or use the Service to spam others.

You, and not the Company, are responsible for maintaining and protecting all of Your Data. The Company will not be liable for any loss or corruption of Your Data, or for any costs, fees, or expenses associated with backing up or restoring any of Your Data.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

You shall pay all fees for the Saleswhale Services as specified in the billing section of the Saleswhale Services, or Order Form, if applicable. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancellable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. You are responsible for paying all taxes associated with your purchases. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

While we appreciate it when users send us feedback, please be aware that we (or others we authorise) may use in any manner any feedback, comments, or suggestions you post in our forums or otherwise provide without any obligation to you.

You will not, and will not attempt to, use the Services to violate any laws or any rights of the Company or any other person or otherwise misuse or inappropriately use the Services.

Saleswhale respects intellectual property rights of others and asks that you do as well. We will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Without limiting any other rights we may have, we may delete or disable access to content that is alleged to be infringing and terminate repeat infringers.

Termination

You can stop using our Services any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others' use of the Saleswhale Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your account and access to the Saleswhale Services immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.

No Warranty

WE TRY TO PROVIDE A GREAT SERVICE, HOWEVER, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. GO OUT PTE LTD DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY PROVIDERS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SALESWHALE, GO OUT PTE LTD OR EITHER OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SALESWHALE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $12 OR THE AMOUNTS PAID BY YOU TO SALESWHALE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

These terms and the use of the services and software will be governed by Singapore law.