Prospect Safari Product Specific Terms
Last Modified: Aug 18, 2022
PLEASE READ THESE TERMS CAREFULLY.
The ProspectSafari Product Specific Terms are intended to highlight some of the important things about using our different products. The Product Specific Terms form part of the ProspectSafari Customer Terms of Service (the “TOS”) and are hereby incorporated therein.
If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://legal.ProspectSafari.com/product_specific_terms, so please check back here for current information.
1. ProspectSafari CRM
2. Consulting and Other Services
3. Service Uptime Commitment
4. Customer Support
1. PROSPECTSAFARI CRM
The terms in this Section 3 apply to any purchase of the following products: ProspectSafari Basic, ProspectSafari Team and ProspectSafari Enterprise. These products are described further in our Product and Services Catalog.
“Paid Users” means those types of Users (defined in the Master Terms) for which we charge you fees as set forth in our Product and Services Catalog.
1.2 ProspectSafari Subscription Fees.
The Subscription Fee for ProspectSafari products will remain fixed during the Subscription Term unless you:
(i) exceed User or other applicable limits (see the ‘Limits’ section below),
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order.
For our ProspectSafari products, you will be charged fees associated with all Paid Users. For ProspectSafari Team and ProspectSafari Enterprise, your number of Paid Users will not decrease, even if there is a subsequent reduction in the number of assigned Paid Users.
1.3 Fee Adjustments.
For details on renewal pricing, see the ‘Fees’ section of our Master Terms.
The Email Send Limit is as specified in the Products and Services Catalog. This refers to Emails sent using the ProspectSafari bulk email service.
If you reach your ProspectSafari CRM Email Send Limit, you will not be able to send any more emails until the start of the next calendar month, including emails pre-scheduled to go out after reaching the ProspectSafari CRM Email Send Limit.
For our ProspectSafari products and paid Add-Ons to those products we may change the limits that apply to you at any time in our sole discretion.
Please refer to the Product and Services Catalog and your Order for details of any additional limits that apply to your ProspectSafari subscription.
The credits that are included in the subscription service are issued on a monthly basis and have a validity of one month (“Monthly Credits”). Monthly Credits are the first to be used and any unused Monthly Credits are deleted at the end of each month. Credits that are purchased as a Top-Up have a validity of 12 months.
Credits are consumed when certain services are requested as set forth in our Product and Services Catalog.
For ProspectSafari products, you may downgrade your subscription at the start of your next renewal Subscription Term.
We may make changes to our ProspectSafari product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
1.7 Non-Renewal Notice Period.
Unless otherwise specified in your Order, to prevent renewal of your ProspectSafari subscription or paid Add-Ons to ProspectSafari, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
1.8 Retrieval of Customer Data.
For our ProspectSafari products, we will not provide you with any access to Customer Data after termination or expiration of your subscription. If you want to retain any Customer Data after your Subscription Term ends, we recommend you export that data from your ProspectSafari account in advance.
1.9 No Representation; Warranty.
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OF DATA FROM THE PROSPECTSAFARI PRODUCT.
The ‘Documents’ feature allows you to store presentations and other sales content to share with prospects. Files that you upload using this ‘Documents’ feature are stored by us and shared with other users of your ProspectSafari Account.
1.11. ProspectSafari Extension Uninstall.
The ProspectSafari Extension for Google Chrome and Outlook may leave remnants of application settings and log files on your device even after the ProspectSafari Extension has been uninstalled. For more information on how to uninstall the ProspectSafari Extension, please see here.
2. CONSULTING AND OTHER SERVICES
2.1 Consulting Services
You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
2.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
2.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
2.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
2.2 Alpha/Beta Services.
If we make alpha or beta access to some or all of the Subscription Service (the “Alpha/Beta Services”) available to you (i) the Alpha/Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Alpha/Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Alpha/Beta Services. For all Beta Services, the following terms also apply: https://legal.ProspectSafari.com/ProspectSafari_beta_terms. If we inform you of additional terms and conditions that apply to your use of the Alpha/Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Alpha/Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
2.3 Third Party Sites and Products.
You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
3. SERVICE UPTIME COMMITMENT
For the purposes of this ‘Service Uptime Commitment’ section, the following definitions shall apply:
“Priority 1” means a critical full outage/severe issue that constitutes a catastrophic problem that causes 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.
“Excluded” means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer’s combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; and (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.
“Service Uptime” means (total hours in calendar month – unscheduled maintenance which causes unavailability – Priority 1 issue durations – scheduled maintenance – Excluded) / (Total hours in calendar month – scheduled maintenance – Excluded) X 100%.
3.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer’s sole and exclusive remedy for failure to meet availability or support commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%, which credit shall be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month. Notwithstanding anything to the contrary in the Agreement or this section, this ‘Service Uptime Commitment’ section does not apply to our Free Services.
4. CUSTOMER SUPPORT
If you pay us a Subscription Fee for our Team or Enterprise edition products, email and in-app support is included at no additional cost.
4.1 Phone Support.
Phone support for Enterprise edition subscriptions is available from 7am to 4pm EST (Eastern Standard Time), with reduced hours during holidays in UK and the US. We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by following the link at http://help.ProspectSafari.com.
4.2 Email and In-app Support.
Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of ProspectSafari representatives.
4.3 Support Limitations.
Issues resulting from your use of API’s or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by ProspectSafari.
4.4 Free Services.
If you do not pay a Subscription Fee, support is available to you through the ProspectSafari Tutorials available at: https://prospectsafari.com/docs/user-guide/tutorials/.