THESE GENERAL TERMS OF SERVICE (the « Terms ») are a legal and binding agreement between Holler, located at 155 Powers St, Brooklyn, NY 11211, United States (« Holler » or « We » or « Us » or « Service Provider ») and you, or if you represent an employer or client, then the employer or client (« You » or « Client »), governing your use of Holler’s website (https://www.heyholler.ai), the emailing services and all other related services that Holler provides (collectively the « Services »).
Holler reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice, if possible at least 30 days before its entry into effect, and your rights under these Terms will be subject to the most current version posted on the Website at the website, the emailing services and all other related services that Holler provides (collectively the « Services »).
PLEASE CAREFULLY READ THESE TERMS. BY SUBSCRIBING OR BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY:
Specific Terms (defined below in article 1), if any;
These Terms;
Sending Policy (Anti-Spam Policy).
The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.
Article 1. Definitions
Each capitalized term herein shall have the meaning given below unless otherwise expressly stated.
« Assistance Services » means any consulting services, development, configuration and settings assistance provided by Service Provider in order to allow Client to access and use the Service, including integration of an API into its own website or implementation of an « SMTP-IMAP » protocol for email transfers. Assistance Services include Consulting Services, On-boarding and training services, as well as all related services.
« Data » means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, and which may be intended for third parties, through the Service access and use rights.
« Service » means the Holler externalized application solution that is hosted on the servers and/or cloud that Service Provider designates and that Client may execute remotely. The Service offers various features, including, but not limited to, management of emailing campaigns with real-time monitoring of sent email deliverability, sending and managing, transactional emails.
Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, Holler may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Holler will endeavor to inform You as early as possible and invite You to migrate your account to the new infrastructure.
« Intellectual Property Right » means all industrial property and copyrights including patents, trademarks, designs and models, copyrights (audiovisual effects, graphic interfaces, preparatory design material, software and source code, specifications and ancillary documentation).
« Operating Policies » means the operational rules, guidelines and processes followed by Service Provider in the operation of the Service, and with which Customer’s compliance is also required in some cases. These Operating Policies are the Privacy Policy and Holler Sending Policy, as updated from time to time, and are incorporated herein.
« Specific Terms » means all specific terms and conditions mutually agreed with the Client stating in particular the financial and technical elements specified in quotation.
« Website » means the web pages associated with the technological features of the Service described in the Service Documentation that can be accessed by and configured for and/or by Client, especially the “Admin” interface, in accordance with the Agreement.
Article 2. Support and Service Levels
2.1
We shall use reasonable efforts, in accordance with customary state of the art principles, to ensure that emails sent by You are properly routed to their recipients’ electronic mailboxes. To this end, We shall provide You with an online automatic monitoring service, enabling You to update and modify your mailing lists and emailing campaigns in real time.
You may also subscribe to additional recommended services in order to improve the Service. Such additional services shall be invoiced separately and shall be provided only after your prior acceptance of a quotation and are as referenced in the Specific Terms.
2.2 Support and Service Levels
You shall be responsible for appointing an administrator (the « Administrator »), who shall be in charge of collecting information and assistance requests from your users and for trying to respond to them.
We shall provide second level support for the Service (« Support »), consisting of:
responding to the Administrator’s requests for information and support in connection with use of the Service; or
resolving anomalies arising from use of the Service that the Administrator has not been able to fix despite its best first level support efforts.
The Administrator is to create a Support ticket by sending a request to:
support@heyholler.ai, including as much detail as possible relating to the request for Support, it being agreed that only the Administrator may contact/access the Support service.
Article 3. Use of the Services
3.1 Use of the Services
You shall comply with the terms and use restrictions, if any, set out in these present Terms, and in the Operating Policies. You shall be responsible for ensuring that your users also comply with said Terms and use restrictions.
You shall not interfere with or disrupt operation of the Service and shall comply with the Agreement for access to and use of this service. When You use the Holler API, You shall be responsible for your usage of the Holler platform and shall limit your API calls to a reasonable volume.
Holler reserves the right, at its sole discretion, to take any necessary action to address any improper use.
You subscribe to the Services in your name and on your behalf, and You are not entitled to assign the use of all or part of the Services to your own customers, even for free.
As an indirect Holler subscriber, You subscribe to the Services in Your name but on behalf of your own clients with the objective of managing and/or reselling Holler to your clients. Specific Terms will be applicable to this usage, including that You must use sub-accounts to separate email traffic of your own clients using the Services and are responsible for the necessary support for the End Users.
Depending on the pricing plan, users can connect multiple email addresses to each Holler seat:
Teams on the “Core Plan” can connect up to 1 email address to each Holler seat.
With the specific requirements of the Client and shall be set forth in the applicable contract.
This option was only created to allow each Holler seat to connect email addresses from the same person. This means combinations of first name and/or last name (there are no restrictions on the domain name).
Example (allowed on the “Core Plan”):
Connecting email addresses from multiple people on the same Holler seat is considered a violation of our terms of service.
Example (violation):
In the case of this violation, we reserve the right to disconnect the email addresses linked to an account and to terminate the account if the violation persists.
3.2 Credentials
When You create your account, You undertake to share the information required to process your orders as requested on line, including, your surname, first name (or corporate name of your company), address, phone number and valid email.
This Data shall be processed in accordance with our Privacy Policy, where we describe how We manage, process and store Your Data in the context of providing our services. You are responsible for the consequences of false or inaccurate information You have shared with us.
You shall keep confidential and secure all credentials, User IDs and passwords associated with your account, and to immediately notify Us of any unauthorized use of your account, or of any theft or loss of credentials allowing access to the account.
Each account is personal and can only be accessed and used by You or the users duly authorized by You. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the account, and You shall indemnify and hold Us harmless against any action or claim arising from such a use.
We reserve the right to request proof of your identity or authority before granting access to your account.
3.3 Content
You shall be solely and wholly liable:
(i) for any Data, information or content, in particular the content of emails, or newsletters sent by You through the Service, including if such content is provided by a third party; and
(ii) for the Content’s compliance with the regulations in force in accordance with article 4 below.
You acknowledge and warrant that the Content shall in no event:
infringe, misappropriate or violate any right, especially any Intellectual Property Right, of any third party whatsoever;
contain any virus or program designed to cause damage, intercept or misappropriate any system or Data or personal data in a fraudulent manner;
contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
contain any sensitive personal data;
be false, misleading or inaccurate; or
be in breach with the Operating Policies.
You expressly acknowledge and agree that Holler shall not be liable for any loss or destruction of the Content and that You shall be responsible for ensuring that You have proper backups thereof.
3.4 Sending Policy
You undertake to comply with Our Sending Policy. In the event of breach, or if We receive an unusual number of complaints, We shall be entitled to terminate your subscription and/or close the account, without refund or compensation.
We also reserve the right to temporarily limit your sending. During such limitation, You remain liable for all contractually due payments and no refund shall be made.
Article 4. Compliance with the Law
You shall comply with all applicable laws and regulations and shall indemnify and hold Us harmless from any resulting claims.
You shall immediately notify Us of any violation or security breach by sending an email to:
support@heyholler.ai
Article 5. Plans – Financial Terms
We offer options to our Clients, including free and paid plans, with or without a fixed commitment period. Pricing is available at:
https://www.heyholler.ai
(The remainder of Article 5 is unchanged.)
Article 6. Termination
6.2 Termination and/or deletion of an account upon Holler’s initiative
Holler may terminate your Account at its sole discretion under the circumstances listed in the original Terms.
Article 7. Intellectual Property – Access and Use Rights
7.1 Trademarks
The service name Holler and all trademarks referenced on the Website are trademarks of Service Provider.
7.3 Right of Access and Use
Holler grants You a limited, non-exclusive, non-transferable, personal and temporary right to access and use the Service.
7.4 Exclusive rights
Holler remains the owner of all intellectual property rights.
7.5 Intellectual property related to the Data
You grant Holler a right to use the Data as described in these Terms.
Article 8. Warranties
Holler does not guarantee an error-free Service and cannot be held responsible for internet-related delivery issues.
Article 9. Limitation of Liability
Holler’s total liability is limited to the amount paid by You during the twelve (12) months preceding the damage.
Article 11. Miscellaneous
11.5 Force Majeure
Holler shall not be responsible for Force Majeure events.
11.6 Governing Law – Jurisdiction
These Terms are governed by the laws of the State of New York.
Article 12. Your Data
"Your Data" means any data and content stored or transmitted via the Services.
You retain full ownership of Your Data. Holler requires limited rights solely to provide the Services.
Holler may verify email validity to maintain deliverability standards.
These Terms incorporate the Data Processing Addendum (DPA). A signed version may be requested at: