Terms of Use


GoTellMe: The software as a service platform of GoTellMe to manipulate HubSpot data.
User: The entity registered on GoTellMe platform.

Applicability

These terms are applicable to any User.
GoTellMe may change this Terms. The User has thirty days to protest such changes, after which period the new terms are deemed to have been accepted by the User. If the User does not accept the new terms, GoTellMe reserves the right not to extend or renew any subscription.

Orders

We offer one-time 30 days trial for our Toolkits.
Any other use must be under a paying subscription.
All prices quoted include Portuguese VAT, namely IVA. No other taxes are included.

License and Termination

Upon payment of the applicable fees, GoTellMe grants to the User a non-transferable and non-exclusive license to use the GoTellMe Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the GoTellMe Platform.
User acknowledges that the GoTellMe Platform is constantly being improved by GoTellMe. The User will only have access to the latest released version of the GoTellMe Platform. Each new version or update of the GoTellMePlatform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the Terms. During the updates, the GoTellMe Platform may temporarily not be available to the User.

Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

  1. GoTellMe may terminate the license when noticing abusive behaviour or not being able to collect due payment. The User will be notified by email, as soon as possible, in such cases.
  2. The User may terminate the license via the cancellation procedure offered on the GoTellMe Platform. Licenses that have started cannot be terminated or cancelled until the next license period. No payments will be refunded.

GoTellMe will automatically charge the PayPal of the User for the payments of license extensions and the User gives express permission to GoTellMe to do so. In case the payment information is no longer correct, or if the payment is refused, or if the payment authorization is cancelled, or in case the payment facilitator executes a refund for any reason, or GoTellMe cannot execute and receive the payment, the User will receive a notice to correct the payment details and/or contact GoTellMe. If GoTellMe wasn’t able to process the payment after 5 days of the subscription renewall, the license will be automatically cancelled without further notice.

In case GoTellMe notices an action by User or lack of action by User that might in GoTellMe’s reasonable opinion breach the Terms of User, harm directly or indirectly a third party, might otherwise be objectionable or if a third party notifies GoTellMe of a possible harm, GoTellMe will contact the User in order to remedy the breach or harm caused as soon as possible.

In extreme cases or in case the User fails to timely remedy the breach or the harm caused, GoTellMe — at its sole discretion — may immediately and without notice, without intervention of the court ("de plein droit"), block or remove any content and/or terminate or suspend any User license, without any repayment of license fees or other indemnification of User and with complete indemnification of GoTellMe. In case GoTellMe discontinues its services or blocks the User’s access to the GoTellMe Platform on the basis of this provision, User will not be entitled to any indemnification from GoTellMe for the damages suffered as a result thereof. If the User unsuccessfully contests GoTellMe’s decision in court, the User will reimburse GoTellMe’s legal costs and expenses (incl. all attorney fees and costs).

Set-up and synchronization details

The GoTellMe Platform is a self-service platform. The User needs to set-up the service himself by correctly configuring the GoTellMe Platform. The User will seek professional assistance if needed.

The GoTellMe Platform will automatically perform the synchronization according to the license specifications and the preferences and configurations set by the User.

The User will consult the procedures of the GoTellMe Platform on the GoTellMe website, under "Toolkits FAQ", and configure in order to ensure that a proper synchronization is possible.

The User is responsible for its choice of licenses and the configuration of the GoTellMe Platform. The User acknowledges that synchronization malfunctions may arise if the configuration the User made don’t match the needs. The User acknowledges that by not extending the licenses, he takes responsibility for any and all synchronization issues and loss of data synchronization as a result thereof.

Scope and limitation of the Related Services provided by GoTellMe

GoTellMe provides the User with a software platform that enables the User to perform data manipulation and synchronize it as set forth on the GoTellMe website.

The Related Services provided by GoTellMe are strictly limited to all reasonable measures to ensure the working and availability of the GoTellMe Platform.

GoTellMe does not screen the data, text or media content, processed through the GoTellMe Platform by the User. The User is free within the limited scope of its license rights to use and operate the GoTellMe Platform according to its intended purpose. As a result, the User bears the sole and full responsibility for the content that he processes with the use of the GoTellMe Platform.

User’s obligations and liability

User accepts complete and unconditional responsibility for any and all operations performed under the accounts. User is responsible for the confidentiality of the accounts, usernames and passwords, for the access to the computer system and for the acts and negligence of any party making use of an account of the User. User will not allow access to the GoTellMe Platform to anyone that is not an employee or trusted contractor of User.

In case User finds or suspects any misuse of the account information, User will immediately change the passwords or contact GoTellMe on [email protected] to temporarily block the accounts.

The User will only process data he has the right to process. The User will comply with (i) all international, national, state and local laws and regulations, (ii) all internet regulations, policies and procedures and (iii) the license conditions of HubSpot.

The User agrees to never use the GoTellMe Platform for illegal purposes or conduct that is otherwise objectionable. The User may not process any content that (i) is unlawful, harassing, libellous, abusive, threatening, or harmful of any kind or nature or otherwise objectionable; (ii) he does not have the right to process under any law or under contractual or fiduciary relationships; (iii) infringes any rights of a third party, such as but not limited to patent, trademark, trade secret, personal data protection and copyright rights.

The User will not use nor display any means, software or routines that might harm other parties or the good functioning of the GoTellMe Platform, or disproportionately burden the GoTellMe Platform system. The User accepts full responsibility for the accounts and agrees to defend, indemnify and hold harmless GoTellMe and its employees, attorneys, and affiliates, from and against any and all claims, liabilities, judgments, penalties, taxes, costs and expenses (incl. reasonable attorney fees and costs) arising out of or related to User’s breach of the Terms of Use.

Security and data protection

GoTellMe warrants that the GoTellMe Platform service is secure and protected in a professional manner. However, as the GoTellMe Platform service is delivered through the internet, GoTellMe cannot guarantee that the GoTellMe Platform cannot be hacked, breached or compromised in any manner. In case User finds or suspects any misuse or security breach, User will immediately contact GoTellMe on [email protected]

GoTellMe will not store User data on its servers, that are not strictly necessary for the delivery of the GoTellMe Platform service.

Support and problem reporting

For support GoTellMe provides the FAQ on https://gotellme.com/hubspot_toolkits_faq, and the following emails:

Entitlement to the GoTellMe Platform

All intellectual property rights in, title to or ownership of the GoTellMe Platform (such as but not limited to copyright, database rights, trademarks and patents) shall at all times remain with GoTellMe. This includes the mechanisms and interfaces built by GoTellMe to link with third party API’s. All manuals, documentation and programs, whether available in hard copy or accessible by remote inquiry shall remain confidential and the property of GoTellMe. User shall not use, print, copy, modify, translate or alter the GoTellMe Platform in whole or in part.

The GoTellMe and GoTellMe Platform logo’s and names are protected trademarks of GoTellMe. The User is not entitled to use, copy, remove or hide these signs without express written approval of GoTellMe.

The User is not allowed to grant any sub-license or other right with respect to the GoTellMe Platform.

Limitation of liability of GoTellMe

GoTellMe will provide all reasonable efforts to ensure the proper functioning of the GoTellMe Platform.

GoTellMe Platform is developed in a professional manner and is consistent with generally accepted industry standards. GoTellMe will continue to improve the GoTellMe Platform and warrants that the GoTellMe Platform at all times will comply with such standards. However, GoTellMe does not warrant that the GoTellMe Platform is entirely free of small bugs and errors or that the GoTellMe Platform will function without interruptions.

GoTellMe provides the GoTellMe Platform "as is". GoTellMe does not warrant that the functions contained in the GoTellMe Platform will meet the User’s performance requirements or that the GoTellMe Platform will operate in accordance with the User’s expectations. The User accepts responsibility for the selection of the GoTellMe Platform, its use and the results to be obtained there from.

GoTellMe makes no warranty of any kind, express or implied, and the warranty of fitness for a particular purpose is hereby excluded.

GoTellMe can only be held liable for gross negligence ("faute grave"). It cannot be held liable when a defect or malfunction of the GoTellMe Platform is attributable to (i) a software or hardware defect that was not issued by GoTellMe, or (ii) API Issues, or (iii) the fact that changes or amendments to the GoTellMe Platform have been made without its permission, or (iv) if the User fails to report immediately any defect together with documentation and information relating to the occurrence of the defect.

The User understands that the GoTellMe Platform is an online application. GoTellMe cannot be held liable when a defect or malfunction of the GoTellMe Platform is attributable to network or communication issues, or to hacking, malware or other forms of misuse.

GoTellMe will not be liable to the User or third parties for loss of profits or business, loss of data, indirect, consequential or incidental damages, even if GoTellMe has been advised of the possibility of such losses or damages. For direct damages, if repair in species is not possible, the liability of GoTellMe toward the User (on contractual grounds as well as in tort) shall never exceed an amount equal to the license fees paid by the User over the last twelve months. The User shall take all necessary measures that can reasonably be expected to limit its damage.

The User shall indemnify GoTellMe and hold it harmless against and in respect to any and all claims, damages, losses, costs, expenses, obligations, liabilities, actions, suits, including without limitation, interest and penalties, reasonable attorneys’ fees and costs and all amounts paid in settlement of any claim, action or suit that may be asserted against GoTellMe or that GoTellMe shall incur or suffer that arise out of, result from or relate to: (a) the non-fulfilment or breach of any obligation of the General Terms or Annexes; (b) any claim of any nature whatsoever brought by any third party who may suffer damages of any sort as a direct or indirect result of the User’s activities relating to or in connection with the User’s use of the GoTellMe Platform.

Force Majeure

Neither party shall be in default or otherwise liable for any delay in or failure of its performance if such delay or failure arises by any reason beyond its reasonable control, including the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, internet interruptions, hacking or any act or failure to act by the other party or such other party’s employees, agents or contractors. The User agrees that issues with the GoTellMe Platform infrastructure are to be considered as force majeure.

Applicable law and venue

Any agreement between User and GoTellMe with respect of the use of the GoTellMe Platform and the General Terms and Annexes shall be governed by, interpreted and construed in accordance with the laws of Portugal without regard to conflicts of law rules that may result in the application of the laws of any jurisdiction other than Portugal. Venue for any proceeding brought hereunder shall be with the courts residing in Portugal.

If any of the provisions of this Terms of Use are held to be or rendered void or unenforceable, the User agrees that the same shall not result in the nullity or unenforceability of the remaining provisions, but that the User and GoTellMe will use their best efforts to replace such provision with a valid and enforceable provision which will achieve, to the extent possible, the economic, business or other purpose for said void or unenforceable provision.

All notices between GoTellMe and the User shall be written in English and shall be deemed to be given to the User if sent by email to the email address for notices registered via the Platform and to GoTellMe if sent by email to [email protected]

Portugal, Cascais, 15th May 2021