This Terms of Service, along with the Privacy Policy and General Data Protection Regulation EU 2016\/697 Compliance Statement constitute a binding \u201cAgreement\u201d established by and between a Customer and\/or User (hereinafter referred to also as \u201cYou\u201d), and Woodpecker.co S.A. (hereinafter referred to as \u201cCompany\u201d, \u201cWoodpecker\u201d, \u201cWe\u201d), with its registered office in\u00a0 Poland \u2013 Wroclaw, at\u00a0 Krakowska 29D street, zip code: 50-424, entered into the National Court Register by District Court for Wroc\u0142aw – Fabryczna, VI Commercial Department, under the number: KRS 0000896179, having tax identification number (NIP): PL 8992769178.<\/p>\n
By accepting this Agreement, either by accessing or using Woodpecker\u2019s Service, authorizing or permitting any of Your co-workers, employees, partners to access or use Woodpecker\u2019s Service, You agree to be bound by the Agreement. By accepting the Agreement You warrant that You are at least eighteen (18) years old, your use of this Service is for commercial\/business purposes only you<\/span>\u00a0and may lawfully enter into contracts and form binding legal obligations.<\/span><\/p>\n If You are entering into this Agreement on behalf of a company, organization or another legal entity, You represent and warrant that You have the legal authority to bind this company, organization or another legal entity and its affiliates by the Agreement and that You are lawfully entitled to enter into contracts. In this case, the terms \u201cCustomer\u201d, \u201cUser\u201d (where applicable), \u201cYou\u201d, \u201cYour\u201d shall refer to such company, organization or another legal entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and shall not use any of Woodpecker\u2019s Services.<\/p>\n DEFINITIONS<\/strong><\/p>\n All capitalized terms used herein will have the meanings set forth below:<\/p>\n \u201cAccount\u201d means the access to the Service enabled with personalized login and password.<\/p>\n \u201cAgency\u201d is a Customer who activates an additionally payable module in the Service that allows for creating and connecting sub-accounts under the Agency’s Account as well as enabling the Agency’s clients to use the Service as Customers and\/or Users through the Agency’s Account.<\/p>\n \u201cAgency Account\u201d is the Agency’s account in the Service that enables the management of sub-accounts within the Agency’s Account.<\/p>\n \u201cAgreement\u201d means this Terms of Service, Privacy Policy as well as General Data Protection Regulation EU 2016\/697 Compliance Statement. The Agreement may be extended to cover Non\u2013Disclosure Agreement or Data Protection Addendum upon individual establishment of both Parties.<\/p>\n \u201cCustomer\u201d means any person or entity who uses Woodpecker\u2019s Service, has access to an active Service Account regardless of its version (Trial or Premium) and has the admin\u2019s permissions within the Account.<\/p>\n \u201cPersonal Data\u201d means personal data within the meaning of the Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95\/46\/EC (hereinafter referred to as\u00a0 \u2013 \u201cGDPR\u201d).<\/p>\n \u201cPhishing\u201d means the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers.<\/p>\n \u201cPricing\u201d means the payment rules and price at which Service shall be provided to the Customer as defined in https:\/\/woodpecker.co\/pricing<\/a>\/ or agreed with the Customer separately.<\/p>\n \u201cProspect\u201d means the person to whom the cold email campaign is being sent by the Customer and\/or User with the Woodpecker\u2019s Service usage.<\/p>\n \u201cService\u201d means services developed, supplied and maintained by the Company to the Customer and\/or User under the Agreement available via at https:\/\/app.woodpecker.co<\/a> or https:\/\/app.usewoodpecker.com<\/a> and provided in a form of a web application accessible online.<\/p>\n \u201cSpoofing\u201d means a fraudulent or malicious practice in which communication is sent from an unknown source disguised as a source known to the receiver.<\/p>\n \u201cSPAM\u201d means irrelevant and\/or unsolicited bulk messages sent over the Internet communication channels, typically to a large number of contacts with no prior consent obtained from the addressees. SPAM is usually sent for the purposes of advertising, phishing, spreading malware content.<\/p>\n \u201cSub-account\u201d means an account connected to Woodpecker under the Agency Account.<\/p>\n \u201cSub-processor\u201d means any person or entity appointed by or on behalf of the processor to conduct actions on Personal Data processing.<\/p>\n \u201cSubscription\u201d means a model of payment offered by Woodpecker that implies that Customer and\/or User can access the Service on a recurring basis upon recurring payment triggered automatically unless the Customer resigns from the Subscription.. Woodpecker Subscription may be either Premium \u2013 delivered upon payment and in line with the Pricing (\u201cPremium Subscription\u201d) or Trial \u2013 delivered temporarily upon free trial registration via <\/span>https:\/\/woodpecker.co\/signup<\/span><\/a> (\u201cTrial Subscription\u201d).<\/span><\/p>\n \u201cUser\u201d means any person who uses Woodpecker\u2019s Services with the access granted by the Customer.<\/p>\n \u201cWebsite\u201d means the https:\/\/woodpecker.co<\/a>, https:\/\/usewoodpecker.co<\/a> and any subpages related to the main domains. Term Website shall also refer to the Company\u2019s Blog related to Service accessible at https:\/\/blog.wodpecker.co hereinafter referred to as \u201cBlog\u201d and Woodpecker Academy available via http:\/\/woodpecker.co\/academy\/ hereinafter referred to as “Academy”.<\/p>\n <\/p>\n 1. Intellectual Property. Except for rights expressly granted under this Agreement, nothing in this Agreement will function to transfer any of Woodpecker\u2019s Intellectual Property rights to the Customer and\/or User, and Woodpecker will retain exclusive interest in and ownership of its Intellectual Property.<\/p>\n 2. The Customer and\/or User is obliged to respect the Company\u2019s Intellectual Property rights whether using the Service, or the Website. You may only use Our brand assets with Our consent. We reserve the right to review email campaigns sent via the Service.<\/p>\n 3. We may view the content You enter into the Service in case We need to solve a technical or functional issue or in case We suspect that You may violate the Agreement.<\/p>\n 4. Furthermore, Woodpecker reserves its right to limit data retention time in case of Accounts with no active sending for more than 6 months. Accounts and Sub-accounts with no active sending for more than 6 months may be scheduled for deletion. Furthermore, in the case of Sub-accounts and no active sending for more than 5 months, Woodpecker reserves the right to switch the Sub-account into inactive mode.<\/p>\n 5. Furthermore, Woodpecker reserves the right to limit the storage time of email messages stored in the system to a period of 6 months from the receipt of the email message. Importantly, all received e-mails will still be available on The Customer\u2019s and\/or User’s servers. This policy ensures optimal use of inbox capacity and that when deleting emails from the Woodpecker system after a specified period of time, The Customer and\/or User will retain access to their emails via their own servers.<\/p>\n 6. Customer and User represent and warrant that they either own or have the right to use all of the content they include, upload, or send via the Service. Woodpecker shall not be responsible for any of the data, text, numerical data, graphic materials, links, and other types of content uploaded, stored by Customers and\/or Users within their Accounts or sent to their Prospects. The Customer and\/or User retains ownership of all materials uploaded to the Service. Such materials can be disclosed by the Company only as described in this Terms of Service and Privacy Policy.<\/p>\n 1. This Agreement prohibits the use of offensive or\/and obscene speech and acts that constitute discrimination both in the content created or in any other form used via Service as well as towards any employee, agent, representative or any other person related to Woodpecker.<\/p>\n 2. The protected grounds are: age; ancestry, colour, race; citizenship; ethnic origin; place of origin; creed; disability; family status; marital status (including single status); gender identity, gender expression; receipt of public assistance (in housing only); sex (including pregnancy and breastfeeding); sexual orientation.<\/p>\n 3. Any speech regardless of written or spoken directed towards Woodpecker employees, representatives of affiliates\u00a0 (including but not limited to any jokes, comments) on the issues mentioned in point 2 shall not be accepted. The parties to this Agreement undertake to respect human rights and the principles of social coexistence.<\/p>\n 4. The breach of the Agreement within the scope of point 1 justifies the immediate cessation of the provision of maintenance services and may result in the termination of the Agreement with immediate effect. In such a situation, the Customer is not entitled to any reimbursement of costs resulting from the breach of the Agreement concluded with Woodpecker based on the above-mentioned provisions.<\/p>\n <\/p>\n 1. This Acceptable Use Policy applies to Woodpecker Services, Woodpecker Chrome plug-in extension, and any URLs related to the main domains, all subdomains, Blog, and Academy.<\/p>\n 2. To ensure proper functioning and maintenance of the Service, the Customer and\/or User shall not misuse the Service and as a consequence, the Customer and\/or User is obliged not to:<\/p>\n a. intentionally or unintentionally hinder the functioning of the Service, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any of its portion) or related systems, networks or data, cause adversary impact on the Woodpecker\u2019s domain or IP reputation or affect in any adversary manner the relation of Woodpecker with its third-party providers;<\/p>\n b. overcross API requests limit causing downtime to the Service or hindering its partial operational ability;<\/p>\n c. misrepresent or hide the data origin, content, or other information submitted to the Service, among others by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else, or access the Services via another User\u2019s Account without their permission.<\/p>\n 3. The Customer and\/or User shall not send via the Service or share in any other manner content which may be deemed to be malicious, illegal or inappropriate, including but not limited to:<\/p>\n a. content deemed to be SPAM, Spoofing, Phishing;<\/p>\n b. content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;<\/p>\n c. content related to racism, xenophobia, discrimination, hate speech, incitement to violence;<\/p>\n d. content related to or inciting fraudulent behaviors.<\/p>\n 4.\u00a0 The Customer and\/or User is obliged to comply with this Terms of Service and subsequent documents constituting the Agreement. Woodpecker reserves the right to permanently delete or temporarily suspend the Account of a person who violates the Agreement, violates legal requirements and obligations or company security or is otherwise subject to sanctions or other business restrictions without any prior notice and shall have no responsibility for any costs arising out of the result of such deletion or suspension. Furthermore, Woodpecker reserves the right not to renew the Subscription for of the Customer that fulfill the conditions as listed above.<\/p>\n 5. The Customer and\/or User is responsible for the accuracy, legality, and adequacy of data entered into the Service by the Customer and\/or User, data entered into the Service by Prospects, as well as for every content shared through the Service.<\/p>\n 6.\u00a0 Customers and\/or Users can upload documents, Prospects\u2019 information, and other content to the Service. Customers and\/or Users can then use the Prospects\u2019 information (including Personal Data), as well as all the previously updated content to communicate with Prospects via email automated by the Service. Customers and\/or Users retain all rights to all the data and content uploaded into the Service and are fully responsible for it.<\/p>\n 7. Woodpecker shall have no responsibility for how Customers and\/or Users process data (including Personal Data) inserted and gained through the Service. Upon using the Service, Customers and\/or Users should obey the law of their country, as well as the law of the countries they send their emails to.<\/p>\n 8. As a condition of using the Service the User shall:<\/p>\n a. as required by applicable law, provide notice to its Prospects and obtain consent if required to outreach to the persons;<\/p>\n b. be responsible for its employees, representatives, and affiliates that have access to the Services;<\/p>\n c. comply with any limitations or restrictions set forth in this Agreement;<\/p>\n d. use the Services only in compliance with applicable law both national and international including court orders (if applicable).<\/p>\n 9. The Customer and\/or User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. Woodpecker shall have no responsibility arising out of reckless or negligent credentials storage by the Customer and\/or User.<\/p>\n 10. As part of the Service, use of the warm-up functionality results in the activation of an integration with <\/span>Mailivery<\/span><\/a> and\/or <\/span>Warmy<\/span><\/a> (\u201cWarm-up provider(s)\u201d). The warm-up add-on is enabled by default upon activation of the relevant Service features. The Customer and\/or User may disable the warm-up add-on, and consequently the Warm-up provider(s) integration, at any time through the Service settings. The purpose of this integration is to support email deliverability within the scope of the Service. Woodpecker does not guarantee specific deliverability outcomes, and the use of the warm-up add-on does not release the Customer or User from their obligations under the Terms of Service, Applicable Use Policy, or applicable law.<\/span><\/p>\n 11. The Client and\/or User using the Lead Finder declares that they are aware of the fact that the condition for using the Service is initial integration with <\/span>Prospeo<\/span><\/a>,<\/span>\u00a0<\/span>People Data Labs<\/span><\/a>, Findymail<\/a>, <\/span>Datagma<\/span><\/a>, <\/span>Icypeas<\/span><\/a> and <\/span>Drop Contact<\/span><\/a> which contain Prospects data. Using the Lead Finder is voluntary, if you do not accept the following terms please do not use from using this feature.<\/span><\/p>\n 12. The Client and\/or User using Domains declares that they are aware of the fact that the condition for using the Service is initial integration with\u00a0<\/span>Maildoso<\/span><\/a>, Infraforge<\/a> and\/or Zapmail<\/a> (further referred to as \u201cDomain and Mailboxes Provider\u201d), which delivers domains and email accounts. Using Domains is voluntary. If you do not accept Domain and Mailboxes Provider\u2019s applicable policies, please do not use Domains. As Domain and Mailboxes Providers are external third-party providers to Woodpecker, acknowledging and accepting their applicable policies is a mandatory condition to use Domains.<\/span><\/p>\n <\/p>\n 1. Woodpecker allows Customers and\/or Users to send \u201cOpening Messages\u201d which are the messages starting a conversation with a Prospect, as well as \u201cFollow-ups\u201d which are reminder messages sent to Prospects in case they did not reply to the Opening Messages. The only internal Woodpecker limit concerning the number of messages sent a day is related to a minimum sending interval. However, the Customer and\/or User should check the limits set by their email account provider and make sure they will not exceed that daily limit of sent messages (including the number of Opening Messages as well as Follow-ups). The number of messages sent per day may affect domain’s reputation and cause a potential loss in this regard. Woodpecker shall have no responsibility for such actions as the choice concerning sent content and sending speed is fully in the discretionary power of the Customer and\/or User.<\/p>\n 2. After setting up the Account, for the period defined by the Company, the Customer and\/or User has the right to a Trial period which involves free access to all currently available Woodpecker features and functions (including both Opening Messages and Follow-ups). As the Customer and\/or User opts in for a \u201cPremium Subscription\u201d to Woodpecker their Account will be referred to as \u201cPremium Subscription\u201d. The Service is then chargeable in terms determined in the Pricing.<\/p>\n 3. Woodpecker also provides an Experts Program accessible through\u00a0https:\/\/woodpecker.co\/experts\/<\/a> where a User or website visitor can contact the Experts in order to establish cooperation (“Expert Program”). Woodpecker is not responsible for the actions of any individual or legal entity that can be contacted through the above-mentioned subpage. By using the contact form available on the Experts subpage, you consent to the transfer of your data, including personal data, to the selected Expert. The use of the form is voluntary.<\/p>\n <\/p>\n 1. Woodpecker stays compliant with GDPR and expects Customers and\/or Users of the Service to respect the principles of the GDPR while processing the Personal Data of EU citizens. More details about how Woodpecker complies with GDPR and what actions You should take as the Customer and\/or User to be compliant with it in Our \u201cGDPR Compliance<\/a>\u201d.<\/p>\n 2. All content sent from Customers and\/or Users\u2019 via Woodpecker\u2019s Service must be sent within the scope of B2B relations and must not be sent to Prospects who expressed their wish to be excluded from further correspondence.<\/p>\n 3. Access to Customer and\/or User data (including Personal Data).<\/p>\n a.\u00a0 Customer and\/or User has the right to access their Personal Data in order to exercise their right granted by the GDPR. Customer and\/or User has the right to access their Personal Data, receive a copy of it, to rectify, delete Personal Data, limit Personal Data processing, object to Personal Data processing and transfer, lodge a complaint with the supervisory body and the right to withdraw consent (if given) to the processing of Personal Data. A detailed description of how to change Your data (including Personal Data) or ask for its removal can be found in Our Privacy Policy.<\/p>\n b. Woodpecker will not access or modify any piece of data (including Personal Data) or content unless it is necessary to provide the Service, prevent or resolve technical problems with the Service operation or at the Customer\u2019s and\/or User\u2019s request with regard to support matters. Woodpecker will not disclose any part of its Customers and\/or Users’ data (including Personal Data) or content, except as described in the Privacy Policy and this Terms of Service.<\/p>\n 4. We reserve the right to contact You within 6 months after the end of Your Premium or Trial Subscription to present you our Service updates and new benefits. You are entitled to opt out from such communication by contacting Us via support@woodpecker.co<\/a><\/p>\n 5. Woodpecker processes the following types of data as a data controller: Customers\u2019 Personal Data, Users\u2019 Personal Data and Agencies’ Personal Data (if applicable) i.e. name, last name, email address, contact details, basic billing information on invoices and settlements.<\/p>\n 6. Customer processes the following types of data (including Personal Data) as a data controller: any Prospects\u2019 Personal Data that is inserted into or uploaded to the Service, any other Personal Data inserted into or uploaded to the Service notwithstanding that inserted by the Customer, User or Prospect. The Customer is obliged to process (including obtaining) Personal Data that they introduce into the Service in accordance with applicable law and the GDPR.<\/p>\n 7. Woodpecker processes the following types of data as a data processor: Prospects\u2019 Personal Data that are inserted into or uploaded to the Service, any other Personal Data inserted into or uploaded to the Service notwithstanding that inserted by the Customer, User or Prospect.<\/p>\n 1. Customers will be charged for the Premium Subscription in accordance with the Pricing available on the Website or as specified in any custom agreement between the Company and the Customer. Any billing based on an agreement shall explicitly indicate if it involves a change in the pricing model, and all payment arrangements should be construed in alignment with the Terms of Service.<\/p>\n 2. The Customer is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.<\/p>\n 3. As Woodpecker\u2019s Premium Subscription Customer You agree to pay Woodpecker the amount that is specified in the Pricing, and You authorize Woodpecker to bill Your payment instrument in advance on a periodic basis in accordance with this Terms of Service and the Pricing.<\/p>\n 4. Woodpecker reserves the right, at its sole discretion, to modify the compensation structure with prior notice. This includes but is not limited to, circumstances such as the further development and expansion of the Services provided by Woodpecker.<\/p>\n 5. You can also use Woodpecker\u2019s prepaid Vouchers – the form of payment that allows You to prepaid for the Service you will use.<\/p>\n 6. If You dispute any charges, You must let Woodpecker know within sixty (60) days from the date that Woodpecker invoices You.<\/p>\n 7. As Woodpecker collects payments it may have limited access to the Customer\u2019s billing information. All payments are processed by the external third-party service provider, who ensures high-security standards.<\/p>\n 8. All payments must be made through non-cash transactions, facilitated electronically by external professional entities. The Customer acknowledges and consents to Woodpecker’s practice of exclusively sending invoices and payment reminders through electronic means. Electronic receipts for all payments will be managed and securely stored in the Customer’s Account.<\/p>\n 9. Premium Subscription is valid for an unspecified period of time. Each party may terminate the Agreement without giving any reason. Upon the termination, the Customer and\/or User will be able to access their Account for the period that has been covered by the last payment.<\/p>\n 10. The Agreement between the Customer and Woodpecker may be terminated upon a written request delivered via email to support@woodpecker.co<\/a><\/p>\n 11. The Customer may manage Trial Subscription or Premium Subscription directly from the Service delivered by the Company.<\/p>\n 12. Once You cancel the Account in the Service We may permanently delete Your Account and all the data associated with it, including Your emails from the Service.<\/p>\n 13. If a legal provision obliges us to do so We may process Personal Data despite the cancellation request.<\/p>\n 14. If You do not log in to Your Account for at least 6 months We may treat Your Account as inactive and permanently delete the Account and all data associated with it.<\/p>\n 15. We reserve the right to change Our prices and\/or pricing models including the metric that You are charged for during the term of this Agreement. If We do change prices and\/or pricing models including the metric that You are charged for We will provide notice of the change – at Our discretion – on Our Website or via email to You. To continue to use the Service after the price change becomes effective and constitutes Your consent for the amended amount.<\/p>\n 16. \u00a0If payment is not received by Woodpecker within the due date specified on the invoice or agreed otherwise between parties, and without prejudice to any other rights and remedies available to Woodpecker under this Agreement or by law, We may, without incurring liability to the Customer: <\/span> (ii) Impose interest charges from the day on which the payments are due, at a rate not exceeding the maximum legal rate allowable under applicable law.<\/span><\/p>\n 17. The Customer is responsible for covering all taxes associated with their purchases under this agreement. All fees owed by the Customer must be paid without any entitlement to counterclaims or set-offs, and without any deductions or withholdings, except as required by applicable law. In cases where applicable law mandates a deduction or withholding, the Customer is responsible for ensuring that Woodpecker receives an amount equal to what it would have received without such deduction or withholding. Furthermore, all fees for the Services, as per the current price plan, unless otherwise agreed, will be adjusted to account for any applicable taxes.<\/p>\n 1. Our Premium Subscription renews automatically at the end of each billing cycle, whether on a monthly, annual or custom-based basis. To cancel your subscription, please visit the Billing section within our app.<\/span><\/p>\n 2. If you fail to cancel within three days after a payment has been processed, you may request a refund, provided that your account has not been used (i.e., no prospects have been processed, and no emails have been sent). Refunds will only be issued for the most recent payment. However, certain types of refund requests may be non-refundable.<\/span><\/p>\n 3. Refund Eligibility and Limitation.<\/b><\/p>\n a. Refunds will not be granted for reasons related to personal preferences or dissatisfaction with our product. Additionally, we cannot assume responsibility for email service provider (ESP) restrictions, such as account or domain bans, or for technical issues arising from third-party applications. Such circumstances do not qualify for refunds.<\/span><\/p>\n b. Upgrades and Downgrades<\/b><\/p>\n i. When upgrading to a higher tier plan, you will be charged the full price difference between the plans and will immediately gain access to the upgraded limits. 4. Add-ons & Third-Party Services<\/b><\/p>\n a. Add-ons are billed on a pro-rated basis. Any Subscription downgrades will result in credits, which can only be applied toward future payments. These credits are non-refundable. 5. Non-Refundable Plans 6. Dispute Resolution<\/b><\/p>\n If a dispute is filed regarding a payment, we are unable to process any refund requests while the dispute remains open.<\/span><\/p>\n 7. Billing Errors<\/b><\/p>\n In cases where a billing discrepancy occurs due to reasons other than user error, a full and prompt refund will be issued.<\/span><\/p>\n 1. Intellectual Property. Except for rights expressly granted under this Agreement, nothing in this Agreement will function to transfer any of Woodpecker\u2019s Intellectual Property rights to the Customer and\/or User, and Woodpecker will retain exclusive interest in and ownership of its Intellectual Property.<\/p>\n 2. The Customer and\/or User is obliged to respect the Company\u2019s Intellectual Property rights whether using the Service, or the Website. You may only use Our brand assets with Our consent. We reserve the right to review email campaigns sent via the Service.<\/p>\n 3. We may view the content You enter into the Service in case We need to solve a technical or functional issue or in case We suspect that You may violate the Agreement.<\/p>\n 4. Furthermore, Woodpecker reserves its right to limit data retention time in case of Accounts with no active sending for more than 6 months. Accounts and Sub-accounts with no active sending for more than 6 months may be scheduled for deletion. Furthermore, in the case of Sub-accounts and no active sending for more than 5 months, Woodpecker reserves the right to switch the Sub-account into inactive mode.<\/p>\n 5. Furthermore, Woodpecker reserves the right to limit the storage time of email messages stored in the system to a period of 6 months from the receipt of the email message. Importantly, all received e-mails will still be available on The Customer\u2019s and\/or User’s servers. This policy ensures optimal use of inbox capacity and that when deleting emails from the Woodpecker system after a specified period of time, The Customer and\/or User will retain access to their emails via their own servers.<\/p>\n 6. Customer and User represent and warrant that they either own or have the right to use all of the content they include, upload, or send via the Service. Woodpecker shall not be responsible for any of the data, text, numerical data, graphic materials, links, and other types of content uploaded, stored by Customers and\/or Users within their Accounts or sent to their Prospects. The Customer and\/or User retains ownership of all materials uploaded to the Service. Such materials can be disclosed by the Company only as described in this Terms of Service and Privacy Policy.<\/p>\n 7. Woodpecker reserves the right to use AI tools, including Meta Llama 3, to improve the Service we provide. This may include analyzing and processing data to enhance functionality, performance, and user experience. The Customer and\/or User acknowledges and agrees that such AI tools may access, process, and analyze the content entered into the Service solely for the purpose of improving the Service. Woodpecker will ensure that the use of AI tools complies with applicable data protection regulations and maintains the data’s confidentiality and security.<\/p>\n <\/p>\n 1. Woodpecker does not guarantee compatibility of offered Services with the software of other providers. Customer and\/or User shall bear full responsibility for the choice and consequences following the use of other software in combination with the Service.<\/p>\n 2. These Terms of Service are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.<\/p>\n 3. In no event and under no circumstances Woodpecker, its directors, members, employees or agents shall be liable to You for any special, indirect, or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:<\/p>\n a. Your use or inability to use the Website, the performance of the Website;<\/p>\n b. any errors or omissions in the Website\u2019s operation; any action was taken in connection with the Service;<\/p>\n c. any errors or omissions in the Website\u2019s operation; any action was taken in connection with the Service, copyright or other intellectual property owners;<\/p>\n d. any damage to any Customer\u2019s and\/or User\u2019s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable, or even if parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, higher power, telecommunications failure, or theft or destruction of the Service).<\/p>\n 4. To the fullest extent permitted by law, in no event shall Woodpecker be liable under this Agreement for any indirect, incidental, special, consequential or exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, business, revenues, data or other intangible losses, in each case, even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose.<\/p>\n 5. Woodpecker shall only be liable for finally awarded<\/span>, direct damages excluding any situation for which We are not responsible or situations explicitly excluded under this Agreement or which are caused by events beyond reasonable control. However, in no event, shall Woodpecker\u2019s aggregate liability the Customer and\/or User arising out of or related to the Agreement and\/or any applicable Order Form exceed the amount paid by the Customer to Woodpecker hereunder for the Services during the maximum 12 (twelve) months prior to the liability event. The foregoing limitation will not limit the Customer\u2019s payment obligations under the Agreement. The existence of one or more causes of action under this Agreement shall not increase Woodpecker\u2019s liability.<\/p>\n Our use and transfer to any other provider of information received from Google Accounts will adhere to Google API Services User Data Policy, including the Limited Use requirements.<\/p>\n We hereby state that Woodpecker shall not provide warming-up services for Google accounts.<\/p>\n The\u00a0AI Interest Level<\/i>\u00a0feature in Woodpecker is powered by the Qwen-3 30B-a3b language model, made available under the\u00a0Apache License 2.0<\/a>. The model is provided \u201cAS IS,\u201d without warranties or conditions of any kind. By using this feature, you acknowledge that it relies on this open-source component.GENERAL STATEMENTS<\/h2>\n
POLICY OF MUTUAL RESPECT<\/h2>\n
ACCEPTABLE USE POLICY<\/h2>\n
SERVICE FUNCTIONALITY DESCRIPTION<\/h2>\n
GDPR COMPLIANCE<\/h2>\n
PAYMENTS AND TERMINATION<\/b><\/h2>\n
\n<\/span>(i) Suspend access to all or part of the Services, including disabling the Customer’s password and limiting access to the Service. During the period of non-payment of the invoice(s), We shall have no obligation to provide any or all of the Services.\u00a0<\/span>
\n<\/span><\/p>\nREFUND POLICY<\/b><\/h2>\n
\n<\/span>ii. When downgrading your plan, your current limits will remain active until the end of the billing cycle, and no refunds will be issued for the difference in plan tiers.<\/span><\/p>\n
\n<\/span>b. Payments for add-ons provided by our partners (e.g., Domains & Email Accounts, Lead Finder) are strictly non-refundable.<\/span><\/p>\n
\n<\/b>a. The Pause Plan and Annual Plan are non-refundable.<\/span><\/p>\nUSER AND WOODPECKER RIGHTS<\/h2>\n
LIABILITY<\/h2>\n
COMPLIANCE WITH GOOGLE API SERVICES POLICY<\/strong><\/h2>\n
OPEN-SOURCE MODEL NOTICE<\/b><\/h2>\n