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GIGAPROFITS Terms of Service
BY CLICKING ON THE "I AGREE" (OR SIMILAR BUTTON) THAT IS PRESENTED TO YOU AT THE TIME OF
YOUR ORDER, OR BY USING OR ACCESSING GIGAPROFITS PRODUCTS, YOU AGREE TO ALL OF THE TERMS
IN THIS AGREEMENT
YOU CANNOT ENTER INTO THIS AGREEMENT IF YOU ARE WORKING FOR OR AFFILIATED WITH ANY
OTHER CUSTOMER RELATIONSHIP MANAGEMENT ("CRM”), WEBSITE DEVELOPMENT, BILLING
SOFTWARE, MARKETING SOFTWARE, AND SALES SOFTWARE PROVIDER OR DEVELOPER. GIGAPROFITS
RESERVES THE RIGHT TO SUSPEND OR REVOKE YOUR USE LICENSE IF YOU ARE ATTEMPTING TO UTILIZE
THIS SERVICE ON BEHALF OF ANY OTHER ENTITY THAT COULD CONCEIVABLY BE CONSIDERED
COMPETITION OF GIGAPROFITS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU
HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF GIGAPROFITS
ONLINE SERVICE. THE TERM "YOU" REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS,
AND EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED
IN THE REGISTRATION INFORMATION PROVIDED TO GIGAPROFITS. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST DECLINE BY NOT USING THIS
SERVICE.
Welcome
As part of the Service, GigaProfits will provide the Customer with use of the Services, including a
browser interface and data encryption, transmission, access and storage. The Customer's registration
for, or use of, the Services shall be deemed to be the Customer's agreement to abide by this Agreement
including any materials available on the GigaProfits website incorporated by reference herein, including
but not limited to the Privacy Statements. For reference, a Definitions section is included at the end of
this Agreement.
Charges and Payment of Fees
The Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing
terms in effect at the time a fee or charge is due and payable. All billed payments are due and may be
processed on the day of the month in which payment is due. The initial charges will be equal to the
current number of total User licenses requested times the User license fee currently in effect. Payments
may be made annually, quarterly, or monthly, consistent with the Initial Term, at the Customer's
election. License fees are non-refundable whether or not User licenses are actively used. All professional
services rendered by GigaProfits servicing customer requests will become due at termination of contract
if those fees have not already been paid by the customer. The Customer must provide GigaProfits with
valid credit card or approved banking information as a condition to signing up for the Service. An
authorized License Administrator may add licenses by executing an additional written Order Form or
using the Online Order Center. Additional licenses will be subject to the following: (i) additional licenses
will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the
license fee for the additional licenses will be the then current, generally applicable license fee; and (iii)
additional licenses in the middle of a billing month will be charged in full for that billing month.
GigaProfits reserves the right to change the fees, applicable charges and usage policies and to introduce
new charges at any time, upon at least 30 days prior notice to the Customer, which notice may be
provided by email. There are to be no refunds by GigaProfits, all sales are final. A Free Trial is available to
serve as a fair evaluation period prior to purchase.
Billing & Renewal
GigaProfits charges and collects in advance for use of the Service. GigaProfits will automatically renew
and bill the Customer's credit card or issue an invoice to the Customer once a year on the subsequent
anniversary for annual licenses. The renewal charge will be equal to the then current number of total
User licenses times the then current license fee in effect at the time of renewal. Fees for other services
will be charged on an as quoted basis. GigaProfits's fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes,
levies, or duties, excluding only United States (federal or state) taxes based solely on GigaProfits’s
income. The Customer agrees to provide GigaProfits with complete and accurate billing and contact
information. This information includes the Customer's legal company name, billing address, email
address, and name and telephone number of an authorized billing contact and License Administrator.
The Customer agrees to update this information within 30 days of any change to it. If the contact
information the Customer has provided is false or fraudulent, GigaProfits reserves the right to terminate
the Customer's access to the Service in addition to any other legal remedies. For credit card payers,
invoices will be generated at the start of a license or billing period and the Customer's credit card will be
charged simultaneously. If paying by other means, invoices will be generated at the start of a license or
billing period and approximately one month in advance of the start of any renewal or subsequent billing
period and shall be due within 30 days. The Customer's account will be considered delinquent (in
arrears) if payment in full is not received by the license or billing period start date. Customer shall pay
any and all collection costs incurred by GigaProfits in collection of outstanding debts. Unless GigaProfits
in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in
the Canada will be billed in CDN dollars and subject to Canadian payment terms and pricing schemes
("Canadian Customers"); (ii) entities with headquarters and a majority of users resident in other
countries will be billed in U.S. dollars and subject to pricing schemes ("Other Customers"); and (iii) all
other entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and
pricing schemes at the discretion of GigaProfits ("Non-Canadian Customers"). If the Customer believes
that the bill is incorrect, the Customer must contact GigaProfits in writing within 30 days of the invoice
date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. If
possible billing errors are not reported within the 30 day period all charges will be deemed to be correct.
Non-Payment & Suspension
In addition to any other rights granted to GigaProfits herein, GigaProfits reserves the right to suspend or
terminate this Agreement and the Customer's access to the Service if the Customer's account becomes
thirty (30) days or more delinquent (falls into arrears). GigaProfits reserves the right to impose a
reconnection fee in the event the Customer is suspended and thereafter requests access to the Service.
The Customer agrees and acknowledges that GigaProfits has no obligation to retain the Customer Data
and that such the Customer Data may be irretrievably deleted if the Customer's account is 30 days or
more delinquent.
Privacy
GigaProfits's privacy policy may be viewed at https://gigaprofits.com/privacy-policy/. GigaProfits
reserves the right to modify its privacy policy in its reasonable discretion from time to time.
License Grants
GigaProfits grants the Customer a non exclusive, non-transferable worldwide right to use the Services,
solely for the Customer's own internal business purposes subject to the terms of this Agreement.
Subject to the terms of this Agreement, the Customer grants to GigaProfits the non exclusive,
worldwide, right to use, copy, store, transmit and display the Customer Data solely to the extent
necessary to provide the Services as requested by the Customer. The Customer shall not (i) license,
sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the
Service or the Content; (ii) modify or make derivative works based upon the GigaProfits Services or the
Content; (iii) commercially exploit the Service or the Content in any way; or (iv) create Internet "links" to
the Service or "frame" or "mirror" any Content contained in, or accessible from, the Services on any
other server, wireless or Internet-based device. Furthermore, the Customer is not eligible for the
Services if it is, or is affiliated with any other Customer Relationship Management( CRM),Website
Development, Billing Software, Marketing Software, Sales Software providers, distributors, or software
developers. GigaProfits shall not use the Customer Data for any purpose other than to provide the
Service to the Customer. All rights not expressly granted to the Customer are reserved by GigaProfits
and its licensors.
Restrictions
The Customer is permitted to store, manipulate, analyze, reformat, print, and display the Content only
for your internal business use. Unauthorized use, resale or commercial exploitation of the Services
and/or the Content in any way is expressly prohibited. The Customer agrees not to reverse engineer the
Services, or access the Service in order to (i) build a competitive product or service; (ii) build a product
using similar ideas, features, functions or graphics of the Service; or (iii) copy any ideas, features,
functions or graphics of the Service. The Customer shall not copy, license, sell, transfer, make available,
distribute, or assign this license or the Content to any third-party. The Customer shall not create Internet
"links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service
on any other server or Internet-based device. The Customer is advised to consult with its broker or other
financial representative to verify pricing information prior to the execution of any security trade based
upon the Content. User licenses cannot be shared or used by more than one individual User but may be
reassigned from time to time to new Users who are replacing former Users who have terminated
employment with the Customer or otherwise changed job status or function and no longer require
access to the Service.
Third-Party Interaction
The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make
available to any third party the Service or the Content; (ii) modify or make derivative works based upon
the 9475818 Canada Corps (including software, data, hardware, products, processes, algorithms, user
interfaces, know-how, techniques, designs and other tangible or intangible technical material or
information) or the Content; (iii) commercially exploit the Service or the Content in any way; or (iv)
create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or accessible
from, the Service on any other server, wireless or Internet-based device. GigaProfits shall not use the
Customer Data for any purpose other than to provide the Service to the Customer.
Customer Responsibilities
The Customer is responsible for any and all activities that occur under the Customer's user accounts and
shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection
with use of the Service. The Customer shall: (i) notify GigaProfits immediately of any unauthorized use of
any password or account or any other known or suspected breach of security; (ii) report to GigaProfits
immediately and use reasonable efforts to stop immediately any copying or distribution of Content that
is known or suspected by the Customer or its Users; (iii) assure that use of the Service shall at all times
comply with all applicable local, state, federal, and international laws, regulations, and conventions,
including without limitation those related to data privacy, international communications, and the
exportation of technical or personal data; and (iv) not impersonate another GigaProfits user or provide
false identity information to gain access to or use the Service.
Account Information & Data
All data submitted by the Customer to the Service, whether posted by the Customer or by third parties,
shall remain the sole property of the Customer or such third parties, as applicable, unless specifically
notified in advance. The Customer, not GigaProfits, shall have sole responsibility for the accuracy,
quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data and GigaProfits
shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to
store any Data. In the event that the Customer terminates this Agreement (other than by reason of the
Customer's breach), GigaProfits will make available to the Customer a file of Customer Data within 30
days of termination notice if the Customer so requests. GigaProfits reserves the right to withhold,
remove and/or discard Customer Data without notice for any breach, including, without limitation, the
Customer's non-payment. Upon termination for cause, the Customer's right to access or use Customer
Data immediately ceases, and GigaProfits shall have no obligation to maintain or forward any Customer
Data.
Termination/Reduction in Number of Licenses
This Agreement commences on the Effective Date and will remain in force until it is terminated. This
Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration
of the Initial Term or any renewal term. Either party may terminate this Agreement or reduce the
number of licenses, effective upon the expiration of the then current term, by notifying the other party
in writing via registered email at least thirty (30) business days prior to the date of the invoice for the
following term. In the case of free trials, notifications provided through the Service indicating the
remaining number of days in the free trial shall constitute notice of termination. In the event that the
Customer terminates this Agreement (other than by reason of the Customer's breach), GigaProfits will
make available to the Customer a file of Customer Data within 30 days of termination notice if the
Customer so requests. The Customer agrees and acknowledges that GigaProfits has no obligation to
retain Customer Data, and may delete such Customer Data, more than 30 days after termination
Termination for Cause
Any breach of the Customer's payment obligations or unauthorized use of the 9475818 Canada Corps, or
Services will be deemed a material breach of this Agreement. GigaProfits, in its sole discretion, may
terminate the Customer's password, account or use of the Service if the Customer breaches or
otherwise fail to comply with this Agreement. In addition, GigaProfits may terminate a free account if
the Customer does not first log on within 7 days after registration. The Customer agrees and
acknowledges that GigaProfits has no obligation to retain Customer Data, and will delete such Customer
Data, if Customer has materially breached this Agreement, including but not limited to failure to pay
outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
Cancellation Policy
GigaProfits reserves the right to cancel the account at any time. Customers may cancel at any time with
a 30 days notice that can be email to support@gigaprofits.com. GigaProfits Ownership GigaProfits alone
(and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual
Property Rights, in and to the 9475818 Canada Corp, the Content and the Service and any suggestions,
ideas, enhancement requests, feedback, recommendations or other information provided by the
Customer or any other party relating to the Service. This Agreement is not a sale and does not convey
any rights of ownership in or related to the Service, 9475818 Canada Corp, or Intellectual Property
owned by GigaProfits to the Customer. GigaProfits name, the GigaProfits logo, and the product names
associated with the GigaProfits Products and Service are trademarks of 9475818 CANADA CORP. and
may not be otherwise used without the express prior written consent of The Company.
Third Party Rights
During use of the Service, the Customer may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of advertisers or sponsors showing their
goods and/or services through the Service. Any such activity, and any terms, conditions,
warranties, or representations associated with such activity is solely between the Customer and
the applicable third-party. GigaProfits and its licensors shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between the Customer and
any such third-party. GigaProfits does not endorse any sites on the Internet that are linked
through the Service. GigaProfits is providing these links to the Customer only as a matter of
convenience, and in no event shall GigaProfits or its licensors be responsible for any content,
products, or other materials on or available from such sites. GigaProfits provides its services to
the Customer pursuant to the terms of this Agreement. The Customer recognizes, however, that
certain third-party providers of ancillary software, hardware, or services may require the
Customer's agreement to additional or different license or other terms prior to the Customer's
use of or access to such software, hardware, or services on behalf of the Customer.
Representation & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this
Agreement. GigaProfits represents and warrants that it will provide the Service in a manner consistent
with general industry standards reasonably applicable to the provision thereof and that the Service will
perform substantially in accordance with the online GigaProfits help documentation under normal use
and circumstances. The Customer represents and warrants that it has not falsely identified itself nor
provided any false information to gain access to the Service and that the Customer's billing information
is correct.
Mutual Indemnification
The Customer shall indemnify and hold GigaProfits, its licensors and each such party's parent
organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from
and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees
and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data
infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a
violation by the Customer of the representations and warranties; or (iii) a claim arising from the breach
by the Customer or Users of this Agreement, provided in any such case that GigaProfits (a) gives written
notice of the claim promptly to the Customer (b) gives the Customer sole control of the defence and
settlement of the claim (provided that the Customer may not settle or defend any claim unless it
unconditionally releases GigaProfits of all liability and such settlement does not affect GigaProfits’s
business or Service); (c) provides to the Customer all available information and assistance; and (d) has
not compromised or settled such claim. GigaProfits shall indemnify and hold the Customer and its
parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents
harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including
attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly
infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a
claim, which if true, would constitute a violation of GigaProfits of the representations or warranties; or
(iii) a claim arising from breach of this Agreement by GigaProfits; provided that the Customer (a)
promptly gives written notice of the claim to GigaProfits; (b) gives GigaProfits sole control of the defence
and settlement of the claim (provided that GigaProfits may not settle or defend any claim unless it
unconditionally releases the Customer of all liability); (c) provides to GigaProfits all available information
and assistance; and (d) has not compromised or settled such claim. GigaProfits shall have no
indemnification obligation, and the Customer shall indemnify GigaProfits pursuant to this Agreement,
for claims arising from any infringement arising from the combination of the Service with any of the
Customer's products, service, hardware, or business process(s).
Disclaimer of Warranties
GigaProfits demands its licensors make no representation, warranty, or guarantee as to the reliability,
timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content;
GigaProfits and its licensors do not represent or warrant that (i) the use of the service will be secure,
timely, uninterrupted or error-free or operate in combination with any other hardware, software,
system or data, (ii) the service will meet the customer's requirements or expectations, (iii) any stored
data will be accurate or reliable, (iv) the quality of any products, services, information, or other material
purchased or obtained by the customer through the service will meet the customer's requirements or
expectations, (v) errors or defects will be corrected, or (vi) the service or the server(s) that make the
service available are free of viruses or other harmful components; (vii) the service and all content is
provided to the customer strictly on an "as is" basis; and (viii) all conditions, representations and
warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied
warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights,
are hereby disclaimed to the maximum extent permitted by applicable law by GigaProfits and its
licensors.
Internet Delays
GigaProfits's services may be subject to limitations, delays, and other problems inherent in the use of
the internet and electronic communications. GigaProfits is not responsible for any delays, delivery
failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from
the customer in the twelve (12) month period immediately preceding the event giving rise to such claim.
In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special,
exemplary, incidental, consequential or other damages of any type or kind (including loss of data,
revenue, profits, use or other economic advantage) arising out of, or in any way connected with this
service, including but not limited to the use or inability to use the service, or for any content obtained
from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the
content, even if the party from which damages are being sought or such party's licensors have been
previously advised of the possibility of such damages.
Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the exclusions set forth above may not apply to the
Customer.
Local Laws and Export Control
This site provides services and uses software and technology that may be subject to the Laws of Ontario
export controls administered by the Canadian Government, the Canadian Revenue Agency Treasury
Office of Foreign Assets Control, and other Canadian federal agencies and the export control regulations
of the European Union. GigaProfits and its licensors make no representation that the Service is
appropriate or available for use in other locations. If the Customer uses the Service from outside of
Canada is solely responsible for compliance with all applicable laws, including without limitation export
and import regulations of other countries. Any diversion of the Content contrary to Canadian law is
prohibited. None of the Content, nor any information acquired through the use of the Service, is or will
be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically
authorized by the Canadian Government or appropriate United States, European body for such
purposes
Notice
GigaProfits may give notice by means of a general notice on the Service, electronic mail to the
Customer's email address on record in GigaProfits's account information, or by written communication
sent by first class mail or pre-paid post to the Customer's address on record in GigaProfits's account
information. The Customer may give notice to GigaProfits (such notice shall be deemed given when
received by GigaProfits) at any time via email at: support@gigaprofits.com.
Modification to Terms
GigaProfits reserves the right to change the terms and conditions of this Agreement or its policies
relating to the Service at any time and shall notify the Customer by posting an updated version of this
Agreement on the Service. The Customer is responsible for regularly reviewing this Agreement.
Continued use of the Service after any such changes shall constitute the Customer's consent to such
changes.
Assignment
This Agreement may not be assigned by the Customer without the prior written approval of GigaProfits
but may be assigned by GigaProfits to (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a
successor by merger. Any purported assignment in violation of this section shall be void.
General
With respect to the Canadian Customers, this Agreement shall be governed by Ontario laws and
controlling Canadian Federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this
Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts
located in ON, Canada. With respect to Non Canadian Customers, this Agreement shall be governed by
the laws of Ontario, Canada, without regard to the choice or conflicts of law provisions of any
jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this
Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
No text or information set forth on any other purchase order, pre-printed form or document (other than
an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any
provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,
then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or
unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between the Customer and GigaProfits as a
result of this agreement or use of the Service. The failure of GigaProfits to enforce any right or provision
in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by GigaProfits in writing. This Agreement, together with any applicable Order Form, comprises
the entire agreement between the Customer and GigaProfits and supersedes all prior or
contemporaneous negotiations, discussions or agreements, whether written or oral, between the
parties regarding the subject matter contained herein.
Definitions
As used in this Agreement and in any Order Forms now or hereafter associated here with:
"Agreement" means this online services agreement, and any Order Forms, whether written or submitted
online via the Online Order Center, and any materials available on the GigaProfits web site specifically
incorporated by reference herein, as such materials, including the terms of this Agreement, may be
updated by GigaProfits from time to time in its sole discretion;
"Content" means the audio and visual information, data, documents, software, products and services
contained or made available to the Customer in the course of using the Service;
"the Customer, Customer, You or Customer's" means the individual or legal entity, its directors, officers,
affiliates agents, and employees, as identified in the registration and identification data provided to
GigaProfits via this web site. Companies or entities who provide similar services or software, including
but not limited to Customer Relationship Management (CRM), Sales Software, Billing Software,
Marketing Software, Website or Mobile App Development or other such entities cannot be considered
Customers unless specifically given clause through GigaProfits. These entities are ineligible to use the
service and are not permitted to sign up for it of their own accord. GigaProfits reserves the right to
revoke the accounts of any of these entities at its sole discretion without notice;
"Customer Data" means any data, information or material provided or submitted by the Customer to
GigaProfits in the course of utilizing the Service;
"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I
Accept" option presented on the screen after this Agreement is displayed or the date the Customer
begins using the Service;"Initial Term" means the period during which the Customer is obligated to pay for the Service equal to
the billing frequency selected by the Customer during the subscription process, i.e.; if the billing
frequency is quarterly, the Initial Term is one quarter;
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights,
copyrights, trademarks, service marks, trade names, domain name rights,mask work rights, know-how
and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of
protection of a similar nature; "License Administrator(s)" means those Users designated by the Customer who are authorized to
purchase licenses online using the Online Order Center or by executing written Order Forms;
"License Term(s)" means the period(s), excluding the Initial Term, during which a specified number of
Users are licensed to use the Service pursuant to the Order Form(s);
"Order Form(s)" means the initial subscription for the Service and any subsequent order forms
submitted online, specifying, among other things, the number of licenses and other services contracted
for, the applicable fees, the billing period, and other charges as agreed to between the parties and each
such Order Form shall be incorporated into and become a part of this Agreement. In the event of any
conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this
Agreement shall prevail;
"Online Order Center" means GigaProfits's online application that allows the License Administrator
designated by the Customer to, among other things, add additional Users to the Service;
"GigaProfits" means 9475818 Canada Corp. a Mississauga corporation, having its principal place of
business at 7025-22 Tomken Rd, Mississauga, ON, Canada, L5S 1R6, Canada (collectively "GigaProfits")
means all of GigaProfits's proprietary technology (including software, data, hardware, products,
processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible
technical material or information) made available to the Customer by GigaProfits in providing the
Service;
"Service(s)" means the specific edition of GigaProfits's online customer relationship management, billing
Software, Marketing Software, sales software, website services, data analysis, mobile services, social
media services and other corporate software services identified during the ordering process, developed,
operated, and maintained by GigaProfits accessible via www.gigaprofits.com or another designated web
site or IP address or ancillary services rendered to the Customer by GigaProfits, to which the Customer is
being granted access under this Agreement, including the GigaProfits Technology and the Content;
"System Administrator(s)" means those Users designated by the Customer who are authorized to create
User accounts and otherwise administer the Customer's use of the Service;
"User(s)" means Customers, employees, representatives, consultants, contractors or agents who are
authorized to use the Service and have been supplied user identifications and passwords by the
Customer (or by GigaProfits at the Customer's request).
Bulk Email Communication
This Policy seeks to establish guidelines for all bulk email operations. We believe that following this
policy will result in a healthier Internet presence and reputation, lower costs of doing business and
better deliverability to the targets of our email activities. This policy applies to all bulk emails sent from
GigaProfits using any email servers belonging to the company or its parent entity (9475818 Canada
Corp) and/or any other associated entity.
Email Policy
1. as required by law, such as to comply with a subpoena, or similar legal process.
2. when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or
the safety of others, investigate fraud, or respond to a government request.
3. to any other third party with your prior consent to do so.
4. if GigaProfits is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be
notified via email and/or a prominent notice on our website of any change in ownership or uses of your
personal information, as well as any choices you may have regarding your personal information.
5. Ensure that you are only sending Email to users who are interested in receiving information by the
way of bulk email.
It is not advisable to purchase mailing lists from 3rd parties.
6. Ensure that your users know what mail to expect, how often to expect it, and what it will look like
7. Brand your mail so that recipients can quickly identify it and won't mistake it as spam. Make sure that
"from" address of your mail clearly identifies who it is from. Also, include your brand in the subject line.
Even if users want your mail, they may not recognize it right away and it may also get caught in spam
filters.
8. Send your email from a consistent email address and advise your users to add that address to their
address books. Mail sent to users with your address in their address book will be delivered to the inbox
with images and links enabled.
9. Unsubscribing is very easy for an email recipient, make sure that your clients know about this and
steps to unsubscribe from emailing lists.
10. A high number of invalid recipients will harm the sender's reputation, you can reduce this number by
ensuring correct email address is entered in the system, update client profiles on timely basis, and
monitoring your bounced list regularly to remove any invalid email.
addresses
addresses
Definitions
Bulk Email :Email is considered to be Bulk Email if individual emails sent are substantially identical to
emails sent to a large number of other individuals
Unsolicited Email: Email is considered to be unsolicited if the recipients of the emails have unsubscribed
from the mailing list
Spam :Email is considered to be Spam if it is both Bulk Email and Unsolicited Email, regardless of
content. It is illegal to send Spam emails
Bounce :an emails is considered Bounced, if for any reason it has not reached the intended audience
Unbouncing :The process of acting on bounced emails and clearing the bouncing reasons/blockers
from the system
Broadcast Policy :
1. Use the Service in connection with the delivery or transmission of unsolicited messages
(commercial or otherwise) or spamming.
2. Create a false identity, caller id or otherwise attempt to mislead others as to the identity of
the sender or the origin of the message.
3. Create a false identity, caller id or otherwise attempt to mislead others as to the identity of
the sender or the origin of the message.
4. Use the Services to create or distribute sounds, messages or other materials, which are
obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any
activity that may be considered or are unethical, immoral, or illegal.
5. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
6. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
7. Violate any National law regarding the transmission of technical data or software exported
from the United States through the Service.
8. Calls are billed in 60 second increments.
9. GigaProfits Outbound Service is a non-refundable, non-returnable, non-exchangeable, nontransferrable.
10. All purchases are final.
11. Subscriber is strictly prohibited from using GigaProfits Service in connection with the
delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
12. Subscriber shall be fully and solely liable for any pre-recorded audio, voice transmission and
fully responsible for compliance with applicable federal, state and local laws including but
not limited to federal, state and/or local laws or rules regulating or prohibiting the
transmission of pre-recorded phone calls.
13. You are responsible for complying with all of the above and GigaProfits is in no way liable for
actions performed using this application.
Compliance
1. Subscriber shall be fully and solely liable for any pre-recorded audio, voice transmissions,
and text messages sent through the Service and fully responsible for compliance with
applicable law. Subscriber acknowledges that GigaProfits has no involvement in the
acquisition or development of Subscribers call list(s) or control over the content of any
transmission or the destination such transmission will be sent nor will GigaProfits be liable
for such content.
2. Subscriber is fully and solely responsible to be aware of, understand, and comply with all of
the rules and regulations applicable to Subscriber's use of GigaProfits Service including but
not limited to Federal Trade Commission rules and regulations, Federal Communication
Commission rules and regulations, National Do Not Call Registry rules and regulations and
individual state Do Not Call rules and any applicable individual state or local regulations,
Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any
other federal, state, or provincial local laws that may be applicable to Subscribers use of
GigaProfits Service. Subscriber agrees not to violate these, or any other federal, state, or
local law and represents and warrants that Subscribers use of GigaProfits will not cause
GigaProfits to violate these or other similar laws.