TERMS OF SERVICE

Updated: August 12th 2022

 

The following terms govern your use of the PipeOne service.

We do not require a contract and your use of our service constitute acceptance of these terms - check our pricing plan details.

If you have any question, just drop us a line via help@pipeone.me or via any mobile messaging app.

 

Introduction

The PipeOne service helps businesses to communicate with their customers, employees, colleagues, and other contacts via email and mobile messages (SMS, web chat and other third party apps platform like Facebook Messenger, Instagram, WhatsApp, Telegram, Apple Business Chat - iMessage and Google Business Messages).

We reserve the right at all times to discontinue or modify any part of these Terms as we deem necessary or desirable. We suggest that you revisit our Terms from time to time to ensure that you stay informed of any such changes to the PipeOne Service. Your use of the PipeOne Service after we update these Terms will constitute acceptance of the modified Terms.

We also reserve the right to change or discontinue any aspect or feature of the PipeOne Service including, but not limited to, requirements for access or use.


Abuse

A PipeOne account may be terminated if a user or organization fails to pay invoices, tries to hack PipeOne, uses PipeOne to spam, scam, or commit fraud, or abuses the PipeOne service.

Liability

PipeOne LLC is not liable for anything an organization or its customers do using the PipeOne service.

PipeOne shall not undertake any responsibility for direct or indirect losses and damages incurred by user, or by third parties, including, without limitation, their own customers, due to non-receipt of text messages because of facts beyond PipeOne’s control, such as, but not limited to, interferences and failures of any nature whatsoever, disruption in the telephony system, storms, fires, floods or catastrophes, Acts of God, force-majeure or other unforeseeable causes beyond their control.


Indemnification

PipeOne LLC is not responsible for claims arising from any use or misuse of the PipeOne service. PipeOne is not also responsible to ensuring that you do not transmit messages to consumers, including by text message, telephone or email in violation of the consent rules.

You agree to indemnify, defend and hold harmless PipeOne, along with its owners, members, directors, officers, agents, employees, contractors, consultants and vendors from and against any and all claims, suits, fines, costs, expenses, judgments and fees, including reasonable attorney’s fees, court costs and expenses, arising out of a claim alleging any violation by you of the law, or alleging facts that would constitute a breach of your warranties or obligations contained in these Terms, including this CIT. You will promptly indemnify, defend or settle, any such third-party claim, demand, lawsuit, investigation or proceeding brought against PipeOne.

PipeOne will: (i) promptly notify you of such claim, (ii) provide you with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give you control and authority over the defense and settlement of such claim, subject to PipeOne’s approval of any such settlement, which approval will not be unreasonably withheld.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) in any way which violates the Facebook platform policies for using Messenger app found here.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Extra information about WhatsApp integration: By registering your number, you agree to the WhatsApp Business Official API terms of use and restrictions.


Electronic Messaging Laws

If you would like to communicate with your users via mobile messages or email you hereby agree to the following Compliance and Indemnity Terms (“CIT”). You are required to use the Service in full compliance with all applicable laws and regulations, including without limitation, all state, provincial and federal laws specifically including but not limited to the Telephone Consumer Protection Act of the United States, as amended (“TCPA”); the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”), and any substantially similar provincial privacy laws; and Canada’s Anti-Spam Law, (“CASL”), all as may be amended (the TCPA, PIPEDA and CASL are collectively referred to as the “Electronic Messaging Laws”). By making any use of the Services, you expressly warrant that you are and shall continue to act in full compliance with the law.

You agree that you have read and understand the Electronic Messaging Laws and any similar state or provincial/territorial laws, and all other applicable laws and regulations. You understand that in some cases, applicable state and local restrictions are more restrictive than the federal rules. You should review these rules with your own legal counsel to ensure that you understand and comply. PipeOne will not assume responsibility for ensuring that your activities meet applicable legal requirements. PipeOne will not assume any liability if you are ever held guilty or found liable for any violation of law, rule or regulation. Notwithstanding the foregoing, you acknowledge that PipeOne has and is taking active steps to help support the compliance of its customers, including by having you agree to these Terms.

You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text or email without prior express written consent. PipeOne is not responsible for ensuring that you do not transmit messages to consumers, including by telephone or email in violation of the consent rules.

You will not contact any individual through the Services or about the Services unless you have established consent to do so in accordance with the applicable law. You will provide proof of such consents or opt-ins, the messages you have sent, and your implementation of unsubscribe requests to us on our request. You will include all content required under the applicable laws in your messages, including your name, mailing address, an email, telephone or web address, and an ability to unsubscribe. You will not send any messages to any individual using the Services if the individual has opted out or withdrawn their consent, including if they have replied “STOP”, or similar, to one of your previous messages. You and not PipeOne are solely responsible for the content of your messages, and its compliance with all applicable law. You acknowledge and agree that PipeOne acts solely as a service provider to allow the sending of your messages, but that you exercise control over the message content and destination, and must ensure your messages comply with all applicable laws.

PipeOne is not responsible to ensuring that you do not transmit messages to consumers, including by text message, telephone, email or any mobile message in violation of the consent rules.


Marketing Materials and Communications

PipeOne may utilize customers' names, trademarks, or logos solely to identify them as PipeOne customers for marketing purposes.


Warranty

The PipeOne service is provided as is.

User acknowledges that if an end user’s cellular device is turned off or outside the coverage area, the text message shall not be sent, being stored with the mobile carrier, and available for being sent in case the cellular device is turned on or is inside the coverage area, within a certain period of time according to operator, and after such period the message will be discarded.

Free trial

The Client is not required to provide any credit card information during the period of Free Trial (7 days with 10 text messages and no WhatsApp integration access).

After 7 days if you don't add a credit card to upgrade your account and pay your monthly fee: your account, sub accounts, and all integrations will be automatically deactivated.

The unused text message credits will also expire. For regions that clients can select a phone number to send and receive text messages: the selected phone number will be deactivated and may not be available in the future for reactivation.

After 15 days without payment: PipeOne has the right to permanently delete the account and sub accounts, including all Client Data therein (contacts, users, groups, tags, notes, timelines, messages, templates, etc) and you won't be able to recover it.

In order to prevent deactivation or to reactivate the account, the Client is required to add a credit card and pay the respective monthly fee based on users (according to plan details).


Payments

  • Subscription period
    Applicable fee is charged in advance on monthly or annual payment intervals. For renewals, PipeOne or its payment processor may automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable.

    Your credit card will be charged an advance subscription fee on the day you sign up. To the extent that payment mechanisms are provided through third parties (“Payment Processors”), you agree that PipeOne shall have no liability to you arising out of the acts or omissions of such third parties. You consent to allow PipeOne to automatically charge your credit card, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is terminated by you or PipeOne.

    We may occasionally need to change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Subscription to which you subscribe, we will communicate these change(s) to you at least thirty days in advance and the changes will only take effect with respect to any subsequent renewal of your Subscription.

  • Changing plans
    Any Client has the right to upgrade or downgrade a current Plan at any time by reducing or increasing the number of active users in their account and by activating or deactivating add-ons via the “Billing area” in the platform. Client's credit card on file will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new plan, adjusting the total price accordingly.

  • Cancelling your plan and subscription
    Any Client with admin access level can cancel their account at any time by requesting via “Billing area” in the platform, with our team via help@pipeone.me or using any mobile channel.

  • Text messages (SMS)
    Account balance has to be at least USD 20 to use this channel and PipeOne will automatically reload your account by charging the credit card on file to keep this minimum.

    Admin users can also add funds to their account as many times as they want via “Billing area” in the platform, with our team via help@pipeone.me or using any mobile channel. All payments are non-refundable.


    Clients have two options:

    • a) Use PipeOne platform to set up a phone number and SMS integration: Clients pay a fee per message sent and received via PipeOne platform plus SMS provider fees (Twilio and Sinch) are passed through with a 15% processing fee.

    • b) Clients use their own SMS providers account and pay them directly for the SMS sent and received. In this option, PipeOne will charge only a fee per message sent after you reach 20,000 messages (sent and received) included for free each month for all PipeOne channels, not accumulative.


    Each message (SMS) posted by your company (MT) or received (MO) for your company to/from Mobile Carriers will deduct the respective amount of cost from your PipeOne funds. Each message will also be limited to such a number of characters as defined by the Mobile Carriers. Accordingly, any message exceeding the limit of characters defined by each carrier will be fractionated into two or more messages, as the case may be, and each message will be independently charged.

    If your account does not have sufficient funds or your credit card declines a charge for the fees due, PipeOne may suspend the provision of the Services to all of your accounts until the Fees due are paid in full.


    Check updated pricing and fees on the pricing page.


  • WhatsApp integration
    PipeOne uses Meta Business Partners to send and receive messages via WhatsApp Oficial Business API.

    Users with admin access level can activate this integration with 360 Dialog or Twilio providers via the "Integrations and Channels" area in your PipeOne account:

    • Clients pay providers and Facebook fees directly to them following the Facebook inc pricing model.

    • PipeOne will charge only a fee per message sent after you reach 20,000 messages (sent and received) included for free each month for all PipeOne channels, not accumulative. Each message posted by your company (MT) or received (MO) for your company to/from Facebook inc will deduct the respective amount of cost from your PipeOne monthly credits and funds.

    Account balance has to be at least USD 20 to use this channel and PipeOne will automatically reload your account by charging the credit card on file to keep this minimum.

    Admin users can also add funds to their account as many times as they want via “Billing area” in the platform, with our team via help@pipeone.me or using any mobile channel. All payments are non-refundable.

    If your account does not have sufficient funds or your credit card declines a charge for the fees due, PipeOne may suspend the provision of the Services to all of your accounts until the Fees due are paid in full.


    Check updated pricing and fees details on the pricing page.

  • Web Chat messages, Facebook Messenger, Telegram, Instagram, Apple Business Chat (iMessage) and Google Business Messages

    Available without any extra cost. In the event of an adjustment to the prices charged by third parties related to, PipeOne will notify all clients before charging any extra fee.

  • Amounts due and unpaid
    Any delay in the payment of amounts owed will entail the assessment, on the amounts due and unpaid, of (i) punitive non-compensatory fine of two per cent (2%), (ii) monetary adjustment calculated based on the variation of the Consumer Price Index (CPI), and (iii) default interest of one per cent (1%) per month or the highest rate permitted by law, whichever is higher, without prejudice to the temporary discontinuance and final disconnection of PipeOne services.

Copyright

The contents of the PipeOne web site, with the exception of customers' messages and personally identifiable information, are subject to copyright: ©2018-2022, PipeOne LLC - All Rights Reserved.

Net Promoter, Net Promoter Score and NPS are registered trademarks of Fred Reichheld, Satmetrix Systems, Inc., and Bain & Company, Inc.


Governing Law

These terms are governed by the laws of the United States of America and the laws of the State of Florida.


Termination

The PipeOne service may be terminated at any time.