By subscribing to the GetResponse360 Service (hereinafter referred to as "the Service") the Customer agrees to use it in compliance with the Terms of Service stated below.

"Implix" shall denote the Service Provider, a Polish Limited Liability Company with its registered office at Arkońska 6, A3, 80-387 Gdańsk, Poland.

By purchasing, accessing, installing or otherwise using the Service, the Customer agrees to be bound by this Agreement. The customer should retain a copy of this Agreement for their records. If the Customer does not agree with the Terms and Conditions of this Agreement, they should not use the Service.

"Us," "we," "our," "GR360" , "GetResponse 360" and “the Service” mean the same.

“You”, “Customer” and “he/she/they” mean the same.

1. SERVICES

GetResponse360 services are charged per hour and include:

Response Consultancy

Email marketing audit and recommendations;
A rigorous analysis of Customer’s email marketing practices, including acquisition, deliverability, template design, sending frequency, social media integration, content optimization, and any other actions necessary and agreed with You. Such actions may include optimizing web forms, template design, segmentation, and other tactics focused on Customer’s ROI.

Creative Services

Customized template design and HTML services
End-to-end creation of customized email templates. Optimization of the HTML and email design to conform to formats as recommended by ISPs and validated by spam filters.
Message Communication - copywriting and content
Creation of the message text in compliance with Your industry tone and style and best marketing practices as well as with spam regulations.

List Management

Subscriber list hygiene and segmentation
Rigorous review of human and system-level management of list hygiene, list segmentation, import and export, and best practices such as frequency standards.
Segmentation of Your list by engagement dates/times and adjustment of sending frequency.
Importing of Customer’s emailing list and customized data and creation of segments that will improve targeting, such as location, age, gender, preferences, or other relevant data you have captured.

Other GetResponse360 services

Reporting

List of the areas for improvements in Your email marketing strategy based on tracking and capturing of the real-time statistics, including open and click-through rates, sales and sign-ups, response behaviors, import stats and other, agreed upon, measurements and statistical analysis of thereof.

On-site training

On-site training of your team on successful email marketing campaign creation, optimization, and execution.

2. IMPLIX OBLIGATIONS

Implix will perform the Service in the number of settlement periods. Detailed terms of the entire Service and its various parts will be determined individually. The scope of work and responsibilities is always determined individually on the basis of the size and range of services and conducted research. In carrying out customer service operations can be expanded if this is feasible and does not disturb the work done so far. In this case, Implix shall have the right to charge the Customer additional costs.

3. CUSTOMER OBLIGATIONS

The Customer realizes that they are solely responsible for the content of the materials which are sent or streamed by means of the Service.
The Customer undertakes to provide any materials and information which are necessary for IMPLIX.
IMPLIX will report their needs via email.
Delivery of the materials by the Customer shall be without undue delay. Materials and information submitted by the Customer should be in line with reality and should be accurate and detailed.
The Customer expressly agrees that the use of the Service is at their own risk and realizes that they are solely responsible for any actions and omissions related to the processing of personal data.

4. CUSTOMER SERVICE

IMPLIX undertakes to perform the Services on the basis of materials and information submitted by the Customer and/or on the basis of such materials that are commonly known and publicly available.

Implix provides Email and Phone Customer Services to the GetResponse360 Customer. When requesting customer service, the Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" support requests.

Implix assures that a response shall take place within two business days of receiving a request from the Customer and all measures shall be undertaken to solve it as soon as possible. The Customer has the right to be advised about the processing status of their issue.

5. PAYMENTS

The amount of fees and manner of payment shall be determined individually between the Parties and are dependent on the type and size of the Service.

Each feature of the service as described in Section 1. Services is paid for separately and is optional for the user.

6. TERMINATION OF THE AGREEMENT

Each party shall have the option of terminating this Agreement with up to one month notice. The notice period begins to run from the day following the submittal of the notice. Parties have the option of terminating the Agreement in each case, without notice, in circumstances where either Party violates the provisions of this Agreement.

7. PRIVACY

Confidential Information shall mean all information and material, whether commercial, financial, technical, creative or otherwise, including without limitation all secret or confidential information, of or relating to any of the Parties regardless of the form in which the information is supplied, together with the details of products, business methods and systems, contact information, all analyses, compilations, data, studies, the method of presentation, look and feel of the presentation, or other documents prepared by any of the Parties.

Both Parties are obliged to keep confidentiality in regards to any information exchanged verbally or in writing as part of this Agreement within the undertaken cooperation.

The above confidential information can be shared only with third parties involved in this cooperation for whom this information is necessary to fulfill the duties of the cooperation.

The confidentiality does not apply to making the information accessible for governmental use or to publicly available information. This provision is not limited by time unless both Parties agree on a termination of this provision in writing.

8. FINAL PROVISIONS

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the Parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such an invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such a modification is not possible, these Terms of Service will be construed as if such an invalid or unenforceable provision had never been contained in these Terms of Service.

Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the http://www.getresponse.com website, including these Terms of Service, at any time without prior notice. The Customer agrees that their continued use of the Service after such an update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at: http://www.getresponse360.com/terms_and_conditions.html

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.

The law of the Republic of Poland and the court of local jurisdiction of Implix shall be the governing jurisdiction.