Terms Of Service for Members
I. General provisions
Your contract and Account is with GetResponse S.A. (Polish joint-stock company) incorporated under the laws of the Republic of Poland, with its registered office at Grunwaldzka 413, 80-309, Gdansk, Poland, entered in the National Court Register kept by the District Court Gdansk – North in Gdansk under number (KRS) 0000942075, Tax Identity Number: 9581468984, the share capital of 5.559.840,00 PLN, fully paid . GetResponse S. A. is referred to here as “GetResponse”, “we”, “us”. GetResponse is the provider of the Member’s platform (the “Platform”). Our Platform is an online platform where you as an end user (“Members” or “you”) can access content created by various content creators being entrepreneurs (“Creators”) via GetResponse’s tools, including courses and premium newsletters. The Platform can be found at hub.getresponse.com and also includes all of the subdomains, mobile applications, and any other media, location, and application connected with the Platform for Members. The Platform is dedicated to adult users only (being at the age of majority). These Terms of Service (the “Terms of Service”) set the rules for the use of the Platform by Members. Separate terms regulate business relation between us or our affiliate company GetResponse Inc. and Creators.
By clicking the button ‘create account’ on the Platform you hereby accept and agree to these Terms of Service and agree to use the Platform in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records, as upon clicking the button to create the Account, they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you shall not create the Account and use our Platform. We reserve the right to reject your request or registration for any or no reason as long as it is not an unlawful reason.
II. Platform
1. General
Under the Platform we provide you with access to and use of our web-based, SaaS (Software-as-a-Service) model Platform as made generally available to other Members, that allows you to access all the courses you enrolled to and premium newsletters created by different Creators via GetResponse Service, along with any extras the Creators decide to provide you with e.g. certificates of completion. Each Creator is provided with a dedicated GetResponse environment to host and offer their services to the Members being end users of their services. The Platform along with several additional services and tools offered via GetResponse to the Creators will be referred to in these Terms of Service as "GetResponse Service".
Creators and GetResponse are each intended to be independent contractors, and not employees, partners, or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. GetResponse is not responsible for interactions between Creators and Members, except for providing the technological means through which Creators may broadcast and otherwise make their courses, digital downloads, premium newsletters, and other content (“Creator’s Content”) available to the Members.
GetResponse only provides Creators with limited information about Members enrolled in Creator’s content, including name, email address, IP address, and the Creator offering in which the Member has enrolled including status of the transaction and your activities related to the Creator’s Content. This information is only available to the Creator upon the purchase or enrollment of a Member in the Creator Content. Members assume full responsibility for the disclosure and use of any other personal information the Member chooses to disclose to any Creator on the Platform.
2. Account
In order to use the Platform, you must create an individual Member’s account in the Platform (“Account”) which will be available to you immediately after its creation. Creation of the Account is free of charge. The Account will be available to you unless terminated according to these Terms of Service. You must be at least the age of majority in the jurisdiction where you reside or from which you use the Platform, which in general is at least 18 years old, to use the Platform. The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account. Under the Account you can access all Creator’s Content that you enrolled to or purchased, view certificates granted by the Creators (if any), update your personal details and check billing information. To access Creator’s Content, you will be required to create a Member’s Account. When you register the Account, you agree to provide true, accurate, current and complete information about yourself.
3. Beta-test Versions
From time to time GetResponse may offer a beta-test version of new features. This allows Members to try new solutions we come up with and helps us better understand Members’ needs and develop the Platform accordingly. If you decide to use a feature available in beta-test version, you agree that:
a. The feature is available only for a limited period of time and can be deactivated at any time and at our sole discretion.
b.The feature is available only to a limited extent and may be modified at any time and at our sole discretion.
c. GetResponse does not warrant that any feature made available in a beta-test version will be included in the Platform, we are not obliged to maintain or support any such feature, and we may cease development of any such feature at any time and at our sole discretion.
d. You are solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on your Account settings, or otherwise. Please remember that once we deactivate a beta-test version of a feature, certain processes that took place with respect to your Account, collected data and other information cannot be reversed, and GetResponse shall bear no responsibility or liability for any consequences resulting therefrom.
e. At the end of a beta-test version period, one or more beta-tested features may be made available for a separate fee (e.g. as a paid add-on).
III. Technical requirements
The Platform will operate with the latest official version of Google Chrome, Mozilla Firefox, Safari and Opera web browsers. To use the Platform, it is necessary that you have a device that allows you access to the Internet, a website browser with “cookies” and JavaScript enabled, and an active email account. We may change those requirements every time we find them out-of-date, they do not meet the latest market standards (including security standards) or when we decide to introduce new technological solutions within the Platform.
For the audio-video Creator’s Content to work properly in a full audio-video scope, a loudspeaker must be on and not used by another application.
To activate the Account, you need to have an active email account that allows you to receive email message with the activation link.
You expressly acknowledge and agree that GetResponse is not responsible for satisfying the foregoing requirements, and that the quality of Creator’s Content transmitted using the GetResponse Service may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Platform.
GetResponse may, from time to time, in order to improve and develop the Platform, modify its features and, in particular, update it, including replacing the hardware or software used to provide the Platform. Modifications will not have a negative impact on the level of availability of the Platform and will be made only for important reasons.
IV. Use of the Platform
Upon successful registration of the Account and use of the Platform, you agree to:
observe these Terms of Service, the GetResponse Privacys Policy, and all other policies developed, published or adopted by GetResponse in connection with the Platform (each as amended and in effect from time to time);
conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the use of web-based Platform;
keep all login credentials provided to you secret and confidential.
V. Payments
GetResponse is not responsible for setting the pricing on Creator’s Content. Prices for Creator’s Content are set by the Creators. Creators are solely responsible for setting any refund policy regarding the sale of the Creator’s Content. It is the Member’s responsibility to understand the price and refund policy for Creator’s Content prior to purchasing such Creator’s Content.
You may pay for the Creator’s Content directly to the Creator using third party payment platforms such as (Stripe and Paypal ) among available electronic payment methods, subject to restrictions on certain payment methods depending on your country and choice of the Creator. We reserve the right to change or add the payment provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate to another provider.
VI. Prohibited practices, content and industries
You are not allowed to use the Platform, or use, post or transmit any illegal Content (defined below) to or within the Platform in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, good industry practice, these Terms of Service, our Privacy Policy or any copyright or other right of a third party, including data protection, confidential information, unfair competition or may be perceived as SPAM. Any violation of these Terms of Service regarding Content is a legal ground for termination of your Account and use of the Platform with immediate effect or deletion of such Content.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Platform or to surreptitiously intercept any system, data or personal information from the Platform. You further agree not to take any action that imposes unreasonable or disproportionately large load on the Platform, or any network or other Platform infrastructure.
We do not pre-screen or control your activity related to the use of the Platform. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any of your Content, suspend access to the Platform or any part thereof, at our sole discretion if we reasonably determine that your activity or the Content violates any applicable provision of the law, our policies, these Terms of Service, any third party right or is otherwise objectionable.
To report any illegal content available on our Platform or accessible via GetResponse Service please refer to our reporting policy available HERE https://www.getresponse.com/legal/whistleblowers .
VII. Copyright and Trademarks
1.GetResponse
The Platform, all GetResponse Service, and the content included on the GetResponse’s websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “GetResponse Intellectual Property”), are the property of GetResponse or its content suppliers and protected by international copyright laws. No part of the GetResponse Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
“GetResponse” is a registered trademark of GetResponse in the European Union, the United States, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities’ products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products or services.
2.Your Content
Any and all information, data, texts, graphics, comments, logos, or other materials that you post, upload, send, stream or otherwise make available using the Platform, are solely your responsibility (“Content”). GetResponse does not claim any intellectual property rights over Creator’s Content or your Content by virtue of use of the Platform and/or GetResponse Service. You retain all right, title, and interest in and to the Content, as well as Creators retain their rights and titles to the Creator’s Content. You acknowledge and accept that we may preserve the Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content violates the law or the third party rights.
Any of your Content including Comments or Feedback shall not contain: any vulgarisms, obscene, pornographic content or content inciting to spread hatred, racism, discrimination, or any unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion, it shall not include any logins or passwords, third parties website addresses or advertising content, impersonates any person or entity, including any of our employees or representatives, include anyone’s identification documents or sensitive financial information, designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ours or of any third party, constitutes unauthorized or unsolicited advertising, junk or bulk e-mail. You acknowledge that, in order to ensure compliance with legal obligations, we may review certain Content submitted to the Platform to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to, refuse to display, or remove Content that we reasonably believe violates the law or these Terms of Service. Notwithstanding the foregoing, we have no obligation to monitor or review any Content submitted to the Platform by you or any other person, and you remain solely responsible for your Content.
If you post, upload, send, stream or otherwise make available Content through third parties or which belongs to a third party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.
The Platform may include features that permits you to post, upload or transmit Content that is intended to be viewed by other users (“Comments”). By submitting Comment to the Platform, you grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute your Comments for any purpose.
You may submit suggestions, recommendations, or other feedback about the Platform (“Feedback”). By submitting any Feedback, you agree that such Feedback is gratuitous and you grant us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any Feedback into the Platform.
3. Notice and procedure for making claims of copyright or intellectual property infringement
We respect the intellectual property of others, and we ask our Members and Creators to do the same. We may, in appropriate circumstances and at our discretion, disable or terminate the Accounts of Members or Creators who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located in our GetResponse Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: GetResponse S.A.
Grunwaldzka 413, 80-309 Gdansk, Poland
You can also use our contact form.
VIII. Customer Service
You can contact us regarding the Platform via email hub[at]getresponse.com or in writing at the registered address of GetResponse. When requesting customer service or submitting a complaint, you should provide at least your Account name – we do not reply or take any action based on “anonymous” support requests or complaints. If you file a complaint regarding our Platform, we will verify its basis and provide you with the decision within 14 calendar days. If the complaint does not contain information necessary for its consideration, GetResponse will ask the person filing the complaint to supplement it to the extent necessary, and the 14-day period then runs from the date of delivery of the completed complaint. Complaints regarding substantive content of the Creator’s Content should be addressed to the Creators that published such content, unless you’d like to report illegal content to us.
IX. Cancellation
You may cancel your Account at any time, unless you have any active premium newsletter or course from any Creator. If you receive premium newsletters or participate in a course from one of the Creators, you should resign from any and all such Creator’s Content delivered via GetResponse Service. Only after successful resignation, you are entitled to cancel your Account. In order to cancel the Account you shall click the button “Delete Account” within your Account and follow the instructions. If your Account is deleted (regardless of the reason), Creator’s Content or your Content may no longer be available for you. GetResponse is not responsible for the loss of such content upon deletion
X. Termination
The term of these Terms of Service will commence on the date you complete your Account registration and continue until terminated by us or by you as provided herein.
We reserve the right to terminate or suspend your Account along with any Creator’s Content herein with immediate effect and refuse you any and all current or future use of the Platform in the event that you violate any of the provisions of these Terms of Service or any other agreement with GetResponse, or cancel your Account. Without limiting the foregoing, the activities such as using the Platform for abusive or prohibited practices, breach the rules of use of our trademarks and other intellectual property of ours or Creators’, providing inaccurate, unreliable or false registrant contact details, or failing to keep such contact details up to date, as each constitutes a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Account and its content.
Termination or suspension of the Account or any of its parts or features may affect access to the Creator’s Content, collected data and other information, etc. Please remember that once the Account or any of its parts or features are terminated or suspended, certain processes that took place with respect to your Account, access to Creator’s Content, collected data and other information, cannot be reversed, and GetResponse shall bear no responsibility for consequences resulting therefrom.
Member, being a consumer, has the right to withdraw from the agreement with GetResponse regarding access to the Platform within 14 days of its conclusion. To meet the deadline, it is enough to submit a declaration before its expiry. A declaration of withdrawal from the agreement may be submitted to GetResponse in any unambiguous manner, e.g.: a. in writing to the registered address of GetResponse, via e-mail to the following address: hub[at]getresponse.com or by sending it to our Customer Support. Example of withdrawal form can be found in attachment no. 2 to Polish consumer rights act of May 30, 2014. Withdrawal affects all Creator’s Content that was available on the Platform to the Member, so that access to it is cancelled as well.
If: a) the Creator decides to terminate its cooperation with GetResponse or its affiliate, or b) ceases any further broadcast or display of Creator’s Content on the Platform, or c) breaches acceptable Creator’s Content terms or d) Member decides to withdraw from the agreement with GetResponse within 14 days from the Account set up, Creator’s Content will be immediately deleted from the Platform. GetResponse bears no responsibility for consequences resulting therefrom.
XI. Privacy
Our data protection practices are set forth in the GetResponse Privacy Policy. By using the Platform, you agree to the terms of the GetResponse Privacy Policy.
Creators are considered separate controllers of the personal data they collect from and about Members. Creators are also responsible for providing an appropriate privacy notice to their students or subscribers, respecting their privacy rights in accordance with applicable law, and providing access to or deleting their personal data if they request and as required by applicable law. You may receive communications from a Creator when you are a student or subscriber of the Creator’s Content. GetResponse is not responsible for these communication and shall not have any liability in connection with them.
XII. Service accessibility
We do not guarantee any minimum response times or delivery times in connection with performance of the Platform. We may, at our sole discretion change or modify the features of the Platform or modify or replace any provided equipment, or software used to deliver the Platform, provided that this does not have a material adverse effect on the Platform. We may perform scheduled or emergency maintenance (including temporary suspension of the Platform if necessary) to maintain or modify the Platform. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize interruption.
We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Platform, at any time without prior notice. Any mistakes or errors in Creator’s Content are the responsibility of the Creator who owns the Creator’s Content.
XIII. Disclaimer of Warranties. Limitation of Liability
GetResponse does not monitor or have any control over, and makes no claim or representation regarding Creator’s Content and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of it. You should review applicable terms and policies, including privacy and data gathering practices, of the Creators, before proceeding with any transaction with them. GetResponse is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the relationship between Member and Creator, including but not limited to, any Member’s reliance upon any information provided by the Creator or Creator Content at any time.
You acknowledge and agree that GetResponse provides the Platform an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose. You understand that providing electronic services may associate some online risks connected to the Platform regarding data flows and content.
We do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.
You are solely responsible for your use of the Platform and any use of and all Creator’s Content.
Without limiting the foregoing, GetResponse is not responsible or liable to you for any:
actions or omissions of any third party, including but not limited to Creators, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse’s reasonable control;
failure of external conditions, networks or telecommunications devices or equipment necessary to use the Platform that are provided by third parties or otherwise beyond GetResponse’s reasonable control;
problems of any kind with features used within test versions, including but not limited to beta-test versions;
insufficient or fluctuations of the bandwidth used by Member or Creator which may affect Creator’s Content quality.
To the maximum extent permitted by law, you agree that in connection with the Platform, or use thereof: (i) GetResponse, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim, whether in contract, tort (including negligence) or otherwise and (ii) GetResponse’s entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith in the aggregate, regardless of the form and cause of action, whether in contract, tort (including negligence) or otherwise, shall not in any event exceed the equivalent of USD 100,00. Limitation of liability does not refer to damages caused by willful conduct of GetResponse or bodily harm.
Neither party shall be responsible for any delay or failure in the performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond the reasonable control of the party in default or failing to fulfill their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Platform, and whose activity is independent of the parties hereto.
You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, (iii) your use of any third party service or integration of the Service with any third party service, or (iv) your Content or activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
XIV. Final Provisions
If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. Provisions of these Terms of Service that are less favorable to the Members with a consumer status than the provisions of the applicable legal regulations are not applicable and the provisions of such regulations are in force in their place, whereas other provisions of Terms of Service remain unchanged.
GetResponse reserves the right to change any of the provisions of these Terms of Service as well as any supporting documents at any time, when important cause occurs, by posting the revised document on its website or by sending an email to the last email address you have given to GetResponse. As an important cause we understand change in generally applicable legal provisions that regulate the provision of the Platform, or GetResponse Service, change in the method of providing the Platform due to technical or technological reasons, change in the scope or method of providing the Platform by updating it, as well as introducing new, modifying or withdrawing existing functionalities of the Platform, correction of typos, updates of links, names or addresses, due to safety reasons or fraud prevention. These Terms of Service and supporting documents shall be effective immediately upon posting on website with respect to any continued or new use of the Platform, unless you terminate these Terms of Service within 10 (ten) days of such posting. Your continued use of the Platform after 10 (ten) days following the posting a revised version of the Terms of Service or any supporting or related documents constitutes your acceptance of such revised Terms of Service or supporting or related documents. The most current version of these Terms of Service is available at: https://hub.getresponse.com/documents/tos We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with GetResponse upon notification sent to you. If you do not object to the transfer within 5 (five) days your consent for transfer is deemed given. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may assign rights and obligations arising from this agreement upon prior consent of GetResponse. GetResponse declares that it has the status of a large enterprise within the meaning of Annex I to Commission Regulation (EU) No. 651/2014 of June 17, 2014.
These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland. The above choice of law does not exclude the protection granted to Members being consumers under the mandatory provisions of the law of the country in which the Member has his or her habitual residence. The court of local jurisdiction of GetResponse shall be the governing jurisdiction, unless there are overriding laws regarding consumer protections that provides different jurisdiction in such extent, then this jurisdiction is applicable accordingly. Member who is a consumer may use the out-of-court method of dealing with complaints and pursuing. Information on how to access the above-mentioned mode and procedures for resolving disputes are available at the Consumer protection authorities e.g. in Poland http://www.uokik.gov.pl. A Member who is a consumer also has the option of using the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/to resolve dispute with us.
These Terms of Service are valid as of the earlier of the date provided to you or posted on the website (August 20, 2024).