Mage Follow-Up Terms of Service

 

PRIVACY POLICY

END-USER LICENCE AGREEMENT (EULA)

ACCEPTABLE USE POLICY (AUP)

 

Privacy Policy

This section describes our privacy policy. We collect information relating to this website and Mage Follow-up in order to better serve our customers. As stated in our end-user licence agreement, by agreeing to the end-user licence agreement and using Mage Follow-up, you also agree to this privacy policy with respect to Mage Follow-up. Here, you can find information on 1) what types of data we collect, 2) how we use the data, and 3) actions you can take to protect your privacy concerns.

Types of Data Collected

We collect the following types of data:

• Personal data. We may ask for your email address, first and last name, phone number, and address, as well as information about your organization (if affiliated with one).
• Usage data. When you use Mage Follow-up, we may collect data on how you interact with the app. This includes device identifiers, diagnostic data, and time spent on various screens.
• Website cookies and other tracking technology. When you browse the Mage CRM website, we use cookies in order to store certain information on how your browser interacts with our website. In addition, we may use other tracking technologies such as web beacons for website statistics such as counting the number of users who visit a page.
• Combination of data. We may combine the data collected from your interaction with our website and products, as outlined in this section, with external sources of data.

Usage of Data

We will use the data collected in the following ways:

• To provide and maintain our products. Some of the data we collect is necessary to provide our products.
• To improve our products. We will use the data collected to improve Mage Follow-up, such as by adding features. We may also use the data to inform the development of new products.
• To contact you. We may contact you by email in order to send information relevant to our products. We may send marketing emails. Such marketing emails can be opted-out of, which will be indicated in the body of the emails. We will also send emails that are necessary and cannot be opted-out of.

In general, we will not share your data with other data collectors. Exceptions to this are as follows:

• External processing. In order to provide our products, your data may need to be processed by other entities. We will only share your data with such entities if they comply with this Privacy Policy or have similarly strong privacy standards.

• Legal reasons. We may share your data if we believe in good-faith that it is necessary to comply with the law, enforce our acceptable use policy, or protect us and our users from harm. 
• Business transfers. If we are involved in a merger, acquisition, or any similar business transfer, we will make sure that your data is still protected. Additionally, we will give notice to any affected user if their data becomes subject to a different privacy policy.

We will ask you for your consent to use your data for any other purpose, or to share your data with any other entity, than those described in this privacy policy.

We understand the importance of privacy to you. As such,

• We will not sell your data. We will not sell your data to data brokers.
• We will not use the data you collect. As a customer relationship management software, Mage Follow-up allows you to collect and store data on your customers. We will not use such data. The exception to this is when we, in good-faith, believe the use of such data is necessary to enforce our acceptable use policy or comply with the law.

User Actions

We allow users to make meaningful choices as to how their data is shared with us. Additionally, some jurisdictions have required such choices to be offered to users. As such, you may take the following actions to protect your privacy concerns:

• Disable cookies. You may set your browser to block cookies. However, our website functionalities may then be limited. 

• Legal rights. Some jurisdictions mandate certain actions be available. For example, pursuant to the European Union’s General Data Protection Regulation, residents have rights to access, correct, object, erase, transfer, and withdraw consent to the use of their data. Or, pursuant to the California Consumer Privacy Act, residents have rights to access, correct, and delete their data. If you wish to exercise such legal rights, contact support@magecrm.com. For clarity, these rights apply only to users of our products. As a customer relationship management software, customers of our users may be concerned with their privacy. In which case, they should contact the relevant users. Those users will have to comply with our acceptable use policy as it relates to privacy.
• Opt-out. You may opt-out of marketing emails. Information for how to do so will be provided in the body of such emails. You cannot opt-out of some emails which are necessary to provide you with our product.

Contact

If you have any questions about this privacy policy, contact support@magecrm.com.

 

END-USER LICENCE AGREEMENT

This end-user licence agreement is between Mage CRM Corporation, a Canadian federal corporation (“We”, “Us”, or “Mage CRM”), and the customer (“You” or “Customer”) for the Mage Follow-Up software (the “Software”). 

1. DEFINITIONS

For the purposes of this agreement, the following definitions apply:

“Contact” means a single individual whose Contact Information is stored by you in the Subscription Service. Here, “Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information.

“Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Mage Follow-Up Content.

“Data” means the Customer Data and Mage Follow-Up Content.

“Free Trial” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.

“Mage Follow-Up Content” means all information, text, data, messages, audio, music, graphics, photographs, images, video, templates, custom properties, that we incorporate into the Subscription Service, including Enrichment Data.

“Subscription” or “Subscription Form” means the Mage CRM approved form or online subscription process by which you agree to subscribe to the Subscription Service.

“Subscription Fee” means the amount you pay for the Subscription Service.

“Subscription Service” means all of our web-based applications, tools and platforms that you have subscribed to under a Subscription Form, or that we otherwise make available to you, and are developed, operated, and maintained by us. 

“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Subscription Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

2. SERVICES

2.1. Licence and Access

(1) We hereby grant you a non-exclusive and non-transferable licence to use the Software for the Subscription Services during the Subscription Term. During the Subscription Term, we will provide access to the Subscription Services. We may use third-party providers to provide such access.

(2) You may not share the Account’s unique user identification and password with a third-party. 

(3) You may upgrade the tier of the Subscription Services or purchase additional features as we may offer. This agreement will apply to such additions to the Subscription Services.

(4) The limits that apply to you will be specified in your Subscription Form and from within the Subscription Service.  These limits may also be designated only from within the product itself. 

(5) We may make any modifications to the Subscription Services.

2.2. Acceptable Use Policy

Our Acceptable Use Policy (the “AUP”) constitutes part of this agreement. The AUP may be found at: https://MageFollowUp.com/tos

2.3. Disclaimer on Sensitive Information

(1) You acknowledge that the Subscription Services have not been designed to comply with industry-specific privacy legislation. In particular, the Subscription Services have not been designed to comply with legislation such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). 

(2) You acknowledge that the Subscription Services have not been designed to process Sensitive Information. We specifically disclaims any liability arising from the use of the Subscription Services to process Sensitive Information such as liability arising from a privacy breach. 

(3) Here, “Sensitive Information” means debit or credit card numbers; wire instructions or financial account numbers; government issued identification numbers (such as Social Insurance numbers, Social Security Security numbers, Health Card Numbers, Driver’s License Information, passport numbers), personal health information (or other information protected under any applicable health data protection laws),  biometric information, personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR (as defined in the DPA) or any other applicable law relating to privacy and data protection. 

2.4. Free Trial

If you register for a free trial, we will provide the Subscription Services for free until either (a) the end of the free trial period, or (b) the start date of a paid subscription. If a free trial expires without paying for a subscription, we may permanently delete all of your data. 

2.5. Legacy Products

If you have a legacy product, some of the features and limits which apply to that product may differ from those that are then-currently posted. We may upgrade you to a then-current product. If you want to upgrade to a then-current version, you must execute a new subscription. 

2.6 Disclaimer of Implied Terms

To the extent permitted by law, the Subscription Services are provided “as is” and we disclaim any implied warranties and conditions. In particular, we disclaim any implied terms of merchantability, fitness for a particular use, title, non-infringement, and accuracy of description.

2.7 Service Uptime Commitment

(1) We will make all commercially reasonable efforts to avoid all service Downtime.

(2) The occurrence of Downtime may not be deemed a breach of this agreement. Your sole remedy in the event of Downtime is a credit equal to the pro-rated amount of fees applicable to the Downtime. You must request such a credit within three months of the Downtime.

(3) This service uptime commitment does not apply to our Free Services.

(4) Here, “Downtime” means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem. Downtime does not include: i) unavailability due to Force Majeure, ii) unavailability due to your improper use of the Subscription Services, and iii) unavailability while we perform maintenance on the Subscription Service when necessary in our reasonable discretion.

3. FEES

3.1. Subscription Fees

The Subscription Fee will remain fixed during the initial term of the subscription unless 

(i) You exceed the maximum limits for Subscription Services on any paid Subscription Service.

(ii) You upgrade products or base packages, 

(iii) You subscribe to additional features or products, or 

(iv) otherwise agreed to. 

We may also choose to decrease your fees upon written notice to you.

3.2. Fee Adjustments at Renewal

Upon renewal, we may adjust fees to the then-current fee schedule. If such an adjustment is made, we will notify you at least 30 days in advance of the renewal, which will apply to the start of the next renewal term. If you do not agree to this adjustment, either party may terminate the subscription.

3.3. Authorization of Payment Method Charges

(1) You authorize FastSpring to charge your Authorized Payment Method for all Subscription Fees payable. You further authorize FastSpring to use third-parties to process such payments and consents to the disclosure of payment information to the third-party for such processing. 

(2) You must keep the Authorized Payment Method information, contact information, and billing information up-to-date. Changes to the payment information may be made on your Mage Follow-Up account. 

(3) Here, “Authorized Payment Method” means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.

3.4. Sales Tax

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. You will have no liability for any taxes based upon our gross revenues or net income. 

4. TERM AND TERMINATION

4.1. Renewal

The Subscription Term will be specified in the Subscription. Unless specified otherwise, the subscription will automatically renew for the shorter of either the Subscription Term or one year.

4.2. No Refund for Early Cancellation

If you choose to cancel the subscription, we will not provide refunds of pre-paid fees or unused Subscription Fees. You will promptly pay all unpaid fees due through the end of the Subscription Term. 

 4.3. Termination for Cause

Either party may terminate this agreement for cause as to any Subscription Services: (i) upon 30 days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. 

We may also terminate this Agreement for cause on 30 days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. 

This Agreement may not otherwise be terminated prior to the end of the Subscription Term.

4.4. Effect of Termination or Expiration

If your paid subscription is terminated or expires, we will retain your Data for a period of 90 days so that you may access your full Data if you rectify the status of your subscription within that time period.

If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, your access to Subscription Service will be suspended.  Your Data will be retained for a period of 90 days to allow an appeal via email to support@MageFollowUp.com.  After 90 days, if there are no appeals your account will be terminated and Data deleted.

5. SUSPENSION

5.1. Suspension for Prohibited Acts

We may suspend your access to the Subscription Services if you violate applicable laws or regulations, or violate the terms of this agreement including the AUP available at https://MageFollowUp/tos. 

 We may delete any Customer Data that we determine in good faith violates these terms or the AUP.

5.2. Suspension for Non-Payment

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services 10 days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a reactivation fee to reinstate the Subscription Service.

5.3. Suspension for Present Harm

We may suspend your access to the Subscription Services if your use: 

(i) is creating a security vulnerability for the Subscription Service or others, 

(ii) is consuming excessive bandwidth or storage, or 

(iii) is causing harm to us or others, then we may, with suspend all or any access to the Subscription Service. You will be notified by phone and/or email.

We will make commercially reasonable efforts to limit the suspension to the affected portion of the Subscription Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

6. INTELLECTUAL PROPERTY AND PRIVACY

6.1. Customer’s Proprietary Rights

(1) You own all intellectual property rights to Customer Data. (2) You grant us a licence to use the Customer Data to provide the Subscription Services. (3) We will not use Customer Data to contact individuals or companies except as you direct or permit.

6.2. Collection and Use of Data

(1) We may collect Usage Data when you interact with the Subscription Services. (2) We may use Customer Data in an anonymized manner to support the functionality of Subscription Services.

6.3. Mage Follow-Up’s Intellectual Property Rights

We retain all intellectual property rights to the Subscription Services. You may not distribute works based on our intellectual property, including our trademark, products, or the Subscription Services.

6.4. Publicity

You grant us the right to add your name and company logo to our customer list and website.

7. Miscellaneous

7.1. Amendments

(1) We may modify any part of this agreement by posting a revised version on our website. We will provide a notice of such a revision by email or in-app notification. The revised version will become effective the next business day after it is posted.

(2) If you do not agree to such a revised agreement, you may notify us in writing 30 days after the notice of revision. Following which, the subscription will be governed by the old terms of this agreement until the next renewal date, and thereafter the current terms will apply. However, if we cannot reasonably provide the Subscription Services under the old terms, then this agreement may be terminated and we will promptly refund any prepaid but unused fees.

7.2. Governing Law

This agreement is governed by the laws of Ontario, Canada.

7.3 Force Majeure

(1) If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this agreement (the “Non-performing Party”) will be excused from performing those obligations, on condition that it complies with its obligations under this section.

(2) For purposes of this agreement, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under this agreement other than payment obligations, on condition that that party that uses best efforts to do so.

(3) Upon occurrence of a Force Majeure Event, the Non-performing Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Non-performing Party shall update that information as reasonably necessary. During a Force Majeure Event, the Non-performing Party shall use best efforts to limit damages to the Performing Party and to resume its performance under this agreement.

7.4 Entire Agreement

This agreement is the entire and final agreement between us regarding the subject matter of this agreement.

7.5 Assignment

You may not assign this agreement without our prior written consent. We may assign this agreement.

ACCEPTABLE USE POLICY

This acceptable use policy (“AUP”) is between Mage CRM Corporation, a Canadian federal corporation (“We”, “Us”, or “Mage CRM”), and the customer (“You” or “Customer”) for the Mage Follow-up software (the “Software”). 

By using our services, as outlined in our end-user licence agreement, you agree to this acceptable use policy.

1. Reporting Suspected Violations

We encourage reporting suspected violations of this acceptable use policy. To do so, email support@magefollowup.com. Doing so does not guarantee an investigation into such a potential abuse. 

2. Prohibited Marketing Actions

(1) You may not use the Software to send spam. Spam can be in bulk form or one-to-one. Here, “spam” means unsolicited messages. You may not email lists which are likely to result in an excessive number of unsubscribe or spam complaints. All messages must be in compliance with applicable laws such as CAN-SPAM and the General Data Protection Regulation (GDPR). 

(2) You may not use false or misleading representations. This includes using:

1. Misleading, invalid, or forged headers, domain names, subject lines, or business names.
2. Trademarks or logos without the consent of the owner. Prior written consent must be obtained to use Mage CRM’s trademarks or logos.
3. A misleading representation of association, such as a relationship of partnership or contract, with other entities.
4. Misrepresentation or obfuscation of point of origin or the transmission path of messages.
   

3. Opt-out Requirements

You must include an advisement to message recipients that they may opt-out or unsubscribe to such messages. You will promptly comply with requests to opt-out or unsubscribe. These requirements may not apply to necessary transactional emails required by law.

4. Restricted Industries

Some industries have high frequencies of abuse complaints and fraud. To protect our customers and the general public, to prevent the misuse of our products and services, and to preserve our goodwill, we have listed some restricted industries. We reserve the right to discontinue your use of Mage CRM’s products and services if you are in one of these industries:

1. Cryptocurrency 
2. Non-fungible tokens (NFTs)
3. Escort and dating services 
4. Gambling services or products 
5. List brokers or list rental services
6. Selling ‘Likes’ or followers for a social media platform

If we discontinue your use of our products and services under this section, we may provide a refund as outlined in our end-user licence agreement.

5. Generally Prohibited Actions

Without limiting the requirements of this policy, you may not use the Software in a manner that is:

1. Is threatening, abusive, harassing, stalking, or defamatory
2. Is invasive of another’s privacy rights
3. Infringes upon intellectual property rights
4. contains vulgar, obscene, indecent material
5. Is unlawful
   

6. General Terms

(1) If we, in good-faith, suspect you of violating this acceptable use policy, then we may suspend your access to our products and services. This process is defined in our end-user licence agreement. 

(2) We may, at any time, update this acceptable use policy. We will post updated versions of this policy on the Mage Follow Up website. Additionally, we will send out an email notification alerting you of such updates.