Terms of use

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy and the Data Processing Addendum incorporated herein by this reference (the “DPA”), are the entire Agreement between Gleap GmbH (“Gleap” or “We”) and you (“You”, ”Customer” or ”Client”). These Terms govern your use of the gleap.io web site (the “Site”), the Gleap web application and/or the Gleap services (collectively, the “Service”).

By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.

By accessing https://gleap.io/ (or any of it’s services), you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Gleap GmbH.

These Terms of Service were last updated on 17 February 2023.

Limitations of Use

By using our Service, you represent and warrant that you are a business entity, and you have the authority to bind the business to these terms. If you do not agree to these terms, you must not use our services.

You also warrant on behalf of yourself, your users, and other parties you represent that you will not:


modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;


remove any copyright or other proprietary notations from any materials and software on this website;


transfer the materials to another person or “mirror” the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Gleap GmbH provides;


use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;


use this website or its associated services in violation of any applicable laws or regulations;


use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent;

or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Gleap GmbH and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal and commercial use. Reselling our software (including our SDKs & libraries) is prohibited.


This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Gleap GmbH at any time.

Liability

Our website, the materials on our website, and SDKs are provided on an ‘as is’ basis. To the extent permitted by law, Gleap GmbH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.


In no event shall Gleap GmbH or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website, SDKs, or the materials on this website, even if Gleap GmbH or an authorized representative has been notified, orally or in writing, of the possibility of such damage.


In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of data, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Prohibited businesses & CAN-SPAM laws

You must not use Gleap to do or promote anything illegal. We also don't allow industries that aren’t illegal, but tend to generate a lot of spam complaints.

To be specific, we may not allow or terminate our service for the following businesses or types of services to use Gleap:

  • Emails offering to sell illegal goods or services
  • Emails that violate CAN-SPAM Laws
  • Pornography/sexually explicit content
  • Escort services
  • Pharmaceutical products
  • Gambling services or products
  • Multi-level marketing
  • Make money online opportunities
  • Other emails that we find, in our sole discretion, hurt our reputation or our deliverability

In the event that any messages sent to customers utilizing Gleap are found to be in violation with the CAN-SPAM laws, our service shall be subject to immediate termination for you.


Accuracy of Materials

The materials appearing on our website and services are not comprehensive and are for general information purposes only. Gleap GmbH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Subscriptions

Our Services are available to you upon registering an account on the Site or our Apps. By subscribing to our Services, you agree to become a subscriber ("Subscriber") for the period you have elected. A full list of subscription plans and pricing is available on our website. Gleap reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site, on your Account, or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.

By subscribing to our platform, you agree to pay the applicable fees and taxes in a timely manner. Failure to pay for your subscription may result in the suspension or termination of your account. You have the option to upgrade or downgrade your subscription level at any time, which will affect your billing amount and renewal date. If you choose to cancel your subscription, your access to the platform will be terminated at the end of your current billing period.

We understand that circumstances may arise where a refund for your subscription is necessary. Refunds will be provided at our discretion, and in compliance with applicable laws and regulations. In general, refunds will only be considered for extenuating circumstances, such as technical issues with the platform that prevent its use. Refund requests must be made within 7 days of the initial subscription purchase, and may require additional information from you to verify the request. Please note that any refunds provided will be prorated based on the amount of time remaining in your billing cycle. If you subscribed to a yearly subscription we will use the regular, non discounted fee) to calculate the proration. Refunds will be issued to the payment method used for the subscription purchase. We reserve the right to deny refund requests that we believe are fraudulent or abusive in nature.

Limitations

All plans come with a MAU (monthly active users) limit of 100,000 MAU.If you reach this limit, we’ll keep your widget up and running, and we'll get in touch with you to upgrade you to a custom plan that best fits your needs.

All of our plans come with a 14-day free trial. This trial can only be used once per company (based on matching email address, company name or phone number). Subscriptions will automatically be started upon starting a second trial for the same company.

Links

Gleap GmbH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Gleap GmbH of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Austria (LG Feldkirch). You irrevocably submit to the exclusive jurisdiction of the courts in that location.