ActivePipe – Terms & Conditions and Terms of Use ("Terms")

Terms of Use

Thanks for becoming a user of the ActivePipe platform. As a user of the ActivePipe platform, or by accessing, using, or signing up for an ActivePipe account (“You”), agree to follow and be bound by these Terms of Use to use the platform and services provided by ActivePipe. PLEASE CAREFULLY REVIEW THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THEM, PLEASE DO NOT ACCESS OR USE THE ACTIVEPIPE PLATFORM, OUR WEBSITE OR OUR SERVICES.

By accepting these Terms of Use, a legal agreement is formed between You and us, ActivePipe, Inc., a Delaware corporation (“ActivePipe” “we” or “us”) with registered address at 919 N. Market Street, Suite 950, Wilmington, DE 19801.

Any services that provided by ActivePipe, including any updates and enhancements, are subject to these Terms of Use. Please note that ActivePipe reserves the right to make changes to these Terms of Use from time to time. We will notify you of such changes at the email address on record.

General Information:

  • The ActivePipe platform is an an advanced customer relationship management plug-in platform delivering enterprise level marketing automation & smart data analytics to real estate.
  • The ActivePipe platform is accessed by a subdomain of www.activepipe.com, the subdomain being unique to the respective client.
  • The ActivePipe platform is operated in the United States by ActivePipe under license from its holding company, The Digital Group Pty Ltd (ABN 91 139 274 436), 1B Weir Street Glen Iris, Vic, Australia 2146.

Your Acknowledgements

You understand and accept that the content of emails sent via the ActivePipe platform is entirely Your responsibility. You accept that ActivePipe is purely a delivery mechanism and has no involvement in the content of the emails, the performance of the emails, nor the delivery rate or engagement rate of any particular email campaign.

While ActivePipe constantly monitors its deliver-thru rates and any overall changes in the internet service provider environment that may affect delivery of emails, You acknowledge that the information contained in emails, and specifically the subject header, may affect the delivery performance of Your emails. You acknowledge that any such information and/or subject headers are entirely Your responsibility.

Acceptable Use Policy

ActivePipe’s reputation as an email service provider and ActivePipe’s deliverability depend upon keeping the system clean. Spamming actions of individual users can adversely impact on ActivePipe’s positive reputation and jeopardise deliverability of the system as a whole. So we are in the positive reputation business together.

ActivePipe is a multi-user platform that provides email delivery services on behalf of its client base (community). In simple terms, ActivePipe passes emails through to Internet Service Providers (ISPs) such as Google (email), Yahoo etc.

The ISPs have very complex algorithms that monitor what is known as an email sender’s (ActivePipe) ‘reputation’. These mechanisms exist as one of many tools designed to identify and stop genuine spam emails based on their point of origin (source / sender).

If Your email recipients consign Your emails to trash or spam, then this begins to affect the sending ‘reputation’ of ActivePipe. This in turn impacts on the whole of the ActivePipe community. This impact translates to the systems of the ISPs viewing ActivePipe as a sender of dubious reputation and will “choke’ and severely restrict the delivery of Your emails and that of our broader community.

In order to protect ActivePipe’s ‘reputation’ and thus that of our community members, ActivePipe exercises an Acceptable Use Policy and operates with an API (automated interface) that removes from Your database within ActivePipe any email recipients that have trashed or spammed Your email. This email also removes any email addresses that are “hard-bounced” (that is where the ISP advises that no such email address exists and/or is not active).

Such data ‘cleansing’, as it is known, is critical to enhancing and maximising the reputation of Your database and that of the broader community, and thus ActivePipe’s.

You therefore acknowledge and accept this Acceptable Use Policy as a standard operating practice of ActivePipe.

License to Use the Platform

All intellectual property rights vested in or associated with the ActivePipe Platform are reserved by ActivePipe or its licensor. Subject to these Terms of Use, ActivePipe grants You a limited license, for the term of Your paid subscription, to view, operate and use the information and materials obtained from the ActivePipe platform or sent to You by ActivePipe via any electronic or physical means, provided that all of ActivePipe’s intellectual property rights vested in such materials are reserved.

Unless otherwise specified in these Terms of Use, the ActivePipe platform may not be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, used to create derivative works from, transferred, or otherwise used in a manner inconsistent with the purpose for which the ActivePipe platform and/or any associated services are provided. If You breach any of these Terms of Use, the above license to use the ActivePipe platform will terminate automatically.

Trademarks

“ActivePipe Trademarks” means all names, marks, brands, logos, designs, slogans and other designations that ActivePipe uses in connection with its products and services. You may not remove or alter any ActivePipe Trademarks, or co-brand Your own products or material with ActivePipe Trademarks, without ActivePipe’s prior written consent. You acknowledge ActivePipe’s rights in all ActivePipe Trademarks and agree that any use of ActivePipe Trademarks by You shall inure to ActivePipe sole benefit. You agree not to incorporate any ActivePipe Trademarks into any of Your own trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. The names of actual companies and products mentioned on the ActivePipe platform or in ancillary materials may be the trademarks of their respective owners or licensees.

Copyright

Any software or content that is made available to download from the ActivePipe platform is the copyrighted work of ActivePipe and/or its licensor. You must be a registered ActivePipe subscriber in order to download and/or use the software.
ActivePipe users are required to respect intellectual property rights. Should copyrighted content belonging to You be posted via ActivePipe without Your permission please let us know by sending a take-down notice to our Designated Agent for Copyright Infringement at:

ActivePipe, Inc.
919 N. Market Street, Suite 950
Wilmington, DE 19801
Attention: Compliance Manager
Email: gps@activepipe.com
Phone: +61 419 392 339

Your Representations and Warranties

You represent and warrant to ActivePipe, and with respect to future uses, covenant, that:

  • any and all personal information You upload into the ActivePipe platform is that of persons located in the United States;
  • You have the right to upload all personal information You upload into the ActivePipe platform;
  • The information You provided to ActivePipe about Yourself is accurate and complete and You will maintain it properly and keep it current;
  • You have not and will not use or upload to ActivePipe purchased, rented or third party lists of email addresses;
  • All emails sent by You using the ActivePipe platform conform and comply with U.S. law, including, without limitation, the CAN-SPAM Act;The User warrants that as and where applicable, all communications with contacts outside of the USA are undertaken in a manner compliant with all relevant country or region laws (eg. GDPR) that apply to such communications and User will ensure that it has all necessary and appropriate consents and notices in place to enable lawful transfer of the personal data processed in connection with this Agreement under all relevant laws;
  • You will abide by ActivePipe’s Acceptable Use Policy which is set forth above
  • The information contained in Your emails will be of a professional, commercial and informational nature, in line with what would be deemed socially acceptable for professional communications and in no event including content of a sexual nature, content that could be deemed as racist or bigoted, or content that purports to threaten the security of individuals, organizations and/or nations;
  • You have content preparation controls, procedures and testing in place that prevent the transmission of computer viruses, Trojan horses or any other malicious or harmful software.

Indemnity

You agree to fully indemnify and hold harmless ActivePipe and our group companies, shareholders, affiliates and licensors, and each of their respective employees, officers, directors, agents, licensors, suppliers, other partners and representatives from and against all claims, actions, causes of action, damages, fines, liabilities and losses and all related costs and expenses (including reasonable attorneys’ fees and other reasonable legal, investigative and expert consulting costs, fees and expenses) (collectively, “Losses”) based on or resulting from:

  • any breach of the representations, warranties and covenants set forth above,
  • Your or any individual user or email recipient’s use of the service (including any activities under Your ActivePipe account and use by Your employees and personnel);
  • any breach of the agreement formed under these Terms of Use;
  • any violation of applicable law by You or any individual user;
  • Your content or the combination of Your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your content or by the use, development, design, production, advertising or marketing of Your content; or
  • any dispute between You and any individual user or email recipient.

Data Security

ActivePipe shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality and integrity of customer data transmitted in connection with the ActivePipe platform. This shall include measures that meet or exceed policies derived from the ISO 27001 international standard. ActivePipe shall be responsible for establishing and maintaining an information security program that is designed to

(a) ensure the security and confidentiality of the customer data;

(b) protect against any anticipated threats or hazards to the security or integrity of the customer data;

(c) protect against unauthorized access to or use of the customer data; and

(d) ensure the proper disposal of the customer data.

Data Retention and Deletion Policy

ActivePipe will retain a Customer’s data for as long as the Customer’s account is active, or as long as needed to provide the Customer with our Services.

We may also retain and use a Customer’s data in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

Upon expiration or termination of a Customer’s account ActivePipe shall continue to retain a Customer’s data unless the Customer requests the data be deleted from ActivePipe. In this event we shall delete the Customer’s profile and data from ActivePipe within 24 business hours from receiving the Customer’s request. Any statutory retention requirements with respect to a Customer’s data or information remain the Customer’s responsibility.

Free Trials

If You have commenced using the ActivePipe platform as the result of a 30 day (or other period) free trial, billing will commence immediately upon completion of the free trial period unless you have notified us in writing at support@activepipe.com.

Sales Tax

It is important to be aware that any prices quoted by ActivePipe means the quoted price PLUS any applicable sales taxes.

Payment Terms

The subscription fees shall be invoiced monthly, in advance and shall be payable 14 days after such date. Past due payments will be subject to interest at the rate of twelve percent (12%) annually, or the maximum amount allowed by applicable law if lower, calculated from the date when payment becomes overdue until payment is made. Customer agrees to pay ActivePipe’s reasonable costs of collection of past due amounts, including collections agency fees, attorneys’ fees and court costs.
Third Party Access You are specifically prohibited from allowing any third party (including, without limitation, any third party database) access to the ActivePipe platform or from re-selling access to the ActivePipe platform to any third party.

Disclaimers

THE ACTIVEPIPE PLATFORM AND ASSOCIATED SERVICES PROVIDED BY ACTIVEPIPE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS SET FORTH IN THESE TERMS OF USE, ACTIVEPIPE AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ACTIVEPIPE PLATFORM AND/OR ANY ASSOCIATED SERVICES OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY TO MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THAT THE ACTIVEPIPE PLATFORM AND/OR ANY ASSOCIATED SERVICE OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ACTIVEPIPE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Limitations of Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ACTIVEPIPE NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR FOR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ACTIVEPIPE PLATFORM, ANY WEB SITES LINKED TO THE ACTIVEPIPE PLATFORM, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN ACTIVEPIPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER ACTIVEPIPE NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, COST OF REPAIR OR CORRECTION, OR DAMAGES ARISING IN CONNECTION WITH:

(A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY

(I) TERMINATION OR SUSPENSION OF THE AGREEMENT FORMED UNDER THESE TERMS OF USE OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS,

(II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR,

(III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON THAT IS NOT AS A DIRECT RESULT OF ACTIVEPIPE’S BREACH OF THESE TERMS OF USE OR NEGLIGENCE, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;

(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THE AGREEMENT FORMED UNDER THESE TERMS OF USE OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR

(D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, ACTIVEPIPE’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THE AGREEMENT FORMED UNDER THESE TERMS OF USE WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

Termination

Either party can terminate the agreement formed under these Terms of Use with 30 days’ notice from the issue date of the last paid invoice. If ActivePipe gives You notice of termination it will be sent via email to the email address associated with your account. If you wish to given notice of termination to ActivePipe, you must send it via email to support@activepipe.com. In addition, ActivePipe may terminate Your account immediately if:

  • service fees remain unpaid 30 days from the due date; or
  • You violate any of Your representations, warranties, or covenants as set forth above; or
  • You violate the prohibition on granting Third Party Access

Upon termination of an account, ActivePipe will delete all client records and historical data associated with such account. No historical or transactional data records will be transferred to You.

Should either party to the agreement formed under these Terms of Use be placed into receivership / administration / liquidation then ActivePipe has the right to terminate the provision of services immediately and without recourse to You.

Assignment

You cannot assign, transmit or transfer Your access rights to the ActivePipe platform under these Terms of Use to any other party whatsoever without the prior written consent of ActivePipe.

Survival

Your obligations under the Indemnity Section above, as well as the Disclaimers, Limitation of Liability, and Governing Law and Venue provisions herein shall survive any termination of the agreement formed under these Terms of Use.

Waiver

No failure or delay by ActivePipe to exercise any right or remedy provided under these Terms of Use, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Governing Law and Venue

These Terms of Use and the agreement formed under them is governed by the laws of the State of Texas and the United States of America. Venue for any dispute hereunder shall lie in the state and federal courts situated in Austin, Texas.

ActivePipe uses cookies to make your website experience simpler & better. By continuing you agree to our use of cookies. OK learn more