BY SELECTING “I ACCEPT”, “I AGREE”, “OK”, “CONTINUE”, “YES” OR BY USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE
By using the Outgenie.com web site (“Service” or “Software”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Software after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.outgenie.com/terms-of-service/
Violation of any of the terms below will result in the termination of your Account. You agree to use the Software at your own risk.
You must be 13 years or older to use this Software. If you are less than 18 years of age, you cannot use the Outgenie Product without the consent of your parent or guardian, who agrees, on your behalf, that you will comply with the Terms of Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one account.
You may not use the Software for any illegal or unauthorized purpose. You must not, in the use of the Software, violate any laws in your jurisdiction (including but not limited to copyright laws).
General Data Protection Regulation (GDPR)
By using Outgenie you certify that your prospects or leads' data is collected in accordance with the GDPR.
For more info, visit www.gdpr.eu
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card or Stripe account is required for paying accounts.
The Software is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
Cancellation and Termination
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Outgenie, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Software, or any other Outgenie service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Outgenie reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Outgenie reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Software, are subject to change. Such notice may be provided at any time by posting the changes to the Outgenie (Outgenie.com) or the Software itself.
Outgenie shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SERVICES AND ACCOUNTS
To be able to use the Outgenie Product and additional Modules or Services (the “Product”, “Outgenie products and services”, “Outgenie”), to request technical support for those applications and participating in blogs and forums that we provide, you must create an Account on the Outgenie Site by submitting certain requested information, which may include individual and/or company name, date of birth, e-mail address, physical address, credit card and other payment information. Registration requires a valid e-mail address and payment information for subscription services and other notices.
The Outgenie Account is necessary for activation of the Product. You need to use your login credentials – username and password – to login into our application and avail the services. However, we will never ask for your password and we will not use your credentials without your permission. Outgenie does not share your credentials with third parties.
You warrant that you are the legal owner of the device and you have all the legal rights to create your account.
You must accept and allow any permissions required by the supported Social Media and SMS Platforms to use the Outgenie Product.
You are responsible for maintaining the security of all your Social Media accounts and passwords. Outgenie cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs using the Outgenie Product.
You are responsible for any hardware or software required to use Outgenie Product.
Please acknowledge that using Outgenie Product, connecting your Emails & Social Media, SMS accounts to Outgenie, and taking into consideration the security policies and rules selected by you, You may experience malfunction in the posting or sharing of your content on the supported Emails & Social Media Networks and SMS sending: in some cases your account may be banned by the Emails and SMS Providers; Social Networks, your content may be posted on different hours, pages or groups than those selected, some posts may be lost. Outgenie shall not be held responsible for any damages resulting from your failure to comply with the Emails, SMS & Social Networks’ terms and services or from any activity that occurs after using the Outgenie Product. Outgenie shall not be held responsible for the Outgenie Product malfunction due to Emails, SMS & Social Networking websites changes or synchronization issues. Outgenie will make the necessary updates for the Outgenie Product to function properly and will assure synchronization with due diligence for all the supported Emails, SMS & Social Media Networks.
The Outgenie Product was created for convenience of promoting your product, brand or service via Emails, SMS & Social Media Networking Sites supported by Outgenie. We do not encourage spamming or violation of any of these Emails, SMS & Social Network user’s rights or rules set by the providers.
Outgenie is not affiliated with any Email Provider, SMS or Social Networking site or any other third-party sites in any way.
The Outgenie Product offers an Email, SMS & Social Media planner software that allows you to schedule Emails, SMS & Social Media posts on specified hours throughout the day and permits You to post content by Email, SMS & via Social Media pages, accounts, and groups that you administer, or you are a member of and you have access to post and share content.
User behaviour such as liking, following, or commenting on your posts or your social accounts cannot be predicted and therefore cannot be controlled. The actual number of likes or followers you get solely depends on the quality of the content you share.
We strongly recommend that you explore the Outgenie application during the free 14 days trial before making the decision to continue using the product.
After the Trial period ends, no refund claims will be entertained if your profile had been active and there have been no technical glitches that prevented proper usage of the application.
The time of voluntary inactivity – if you choose to not use Outgenie for a specific period – shall not be compensated.
This License Agreement is a legal agreement between You (either an individual or a legal person) and Outgenie for use of Outgenie’s software product identified above, which includes software and services for your device, and may include associated media, printed materials, and “online” or electronic documentation (hereafter designated as “Outgenie Product”), all of which are protected by international copyright laws and international treaties. By using, copying or using the Outgenie Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE
Outgenie Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Outgenie Product is licensed, not sold. This agreement only gives You some rights to use Outgenie Product. Outgenie reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use the Outgenie Product only as expressly permitted in this Agreement.
If You are a trial user, You may use Outgenie Product for evaluation or testing purposes in a non-production environment for fourteen (14) days from the date You created your Outgenie account and activated the product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support and to Updates, if applicable.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUTGENIE PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND.
Your right to use Outgenie Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of Outgenie Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERMS OF LICENSE
You will have certain rights to use the Outgenie Product during the License Period, which shall begin on the date when you create the Outgenie account and activate the product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Outgenie distributor or reseller from which You obtained the Outgenie Product. The Outgenie Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Outgenie Product.
If you have agreed to permit Outgenie to automatically renew your subscription to Outgenie Product by charging a valid credit card number or Stripe account which you have provided to Outgenie, your subscription will be automatically renewed on the expiration date and each anniversary thereafter for a fee no greater than Outgenie’s then-current price, excluding promotional and discount pricing. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Outgenie if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide Outgenie any of the foregoing information, you agree that Outgenie may continue charging you for any subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Outgenie Product and destroy all copies of Outgenie and the Documentation.
If Outgenie is labelled as an upgrade, you must be properly licensed to use a product identified by Outgenie as being eligible for the upgrade to use Outgenie Product. A Outgenie Product labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If the Outgenie Product is an upgrade of a component of a package of software programs that you licensed as a single Outgenie Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and Outgenie regarding the original product or the resulting upgraded product.
All rights, titles and interest in and to Outgenie and all copyright rights in and to Outgenie (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Outgenie), the accompanying printed materials, and any copies of Outgenie are owned by Outgenie, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third-Party License Terms are owned by their respective owners. Outgenie is protected by copyright laws and international treaty provisions. Therefore, you must treat Outgenie like any other copyrighted material. You may not copy the printed materials accompanying Outgenie. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Outgenie exists. You may not sub-license, rent, sell, lease or share the Outgenie license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Outgenie, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third-Party License Terms, governing use of the third-party software.
Certain technical support features may be offered by Outgenie for the license term of the Outgenie Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in Outgenie’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software, and programs before receiving any Technical Support. In the course of providing the Technical Support, Outgenie may determine that the technical issue is beyond the scope of the Technical Support. Outgenie reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
Outgenie warrants that the media on which Outgenie is distributed is free from defects for a period of thirty days from the date of delivery of Outgenie to you. Your sole remedy for a breach of this warranty will be that Outgenie, at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for Outgenie. Outgenie does not warrant that Outgenie will be uninterrupted or error-free or that the errors will be corrected. Outgenie does not warrant that Outgenie will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OUTGENIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OUTGENIE PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY IT. OUTGENIE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Outgenie is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Outgenie shall not be held responsible for access to your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES
Anyone using, testing, or evaluating Outgenie bears all risk to the quality and performance of Outgenie. In no event shall Outgenie be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Outgenie, even if Outgenie has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL OUTGENIE’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR OUTGENIE. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Outgenie.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
CONSENT TO ELECTRONIC COMMUNICATIONS
Outgenie may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Outgenie will send Communications via in-product notices or via email to the primary user’s registered email address or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
This Agreement will be governed by the laws of France and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of France. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
Your use of the Software is at your sole risk. The Software is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via support form.
You understand that Outgenie uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Software.
You must not modify, adapt, or hack the Software or modify another website so as to falsely imply that it is associated with the Software, Outgenie, or any other Outgenie service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Software, use of the Software, or access to the Software without the express written permission by Outgenie.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Outgenie customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Software, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Outgenie does not warrant that (i) the Software will meet your specific requirements, (ii) the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations, and (v) any errors in the Software will be corrected.
You expressly understand and agree that Outgenie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Outgenie has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Software; (v) or any other matter relating to the Software.
The failure of Outgenie to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Outgenie and govern your use of the Software, superceding any prior agreements between you and Outgenie (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent via the contact form.
You will NOT use Outgenie for any spam, botting and harassment.
Outgenie will not perform any spam, botting and harassment. All requests to perform any actions like this may result in blocking your account.
We do NOT give support to anyone who wants to use our Software to perform any kind of spam or commit other crimes.
It is your sole responsibility to comply with each provider (Email, SMS, Social Media) platform’s rules and any legislation that you are subject to. You use Outgenie at your own risk.
We are not responsible for your actions and their consequences. We are not to blame if your accounts are banned for any reason.
You agree that upon purchasing our Software, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via Stripe or perform a chargeback.
We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.
It is your sole responsibility to check whether the Terms have changed.