This End User License Agreement (this "Agreement") is a legal contract between you, whether as an individual or on behalf of an entity ("you," "your," or "User") and GHOST Marketing ("GHOST," "we," "us," or "our") governing your use of GHOST Marketing's software, services, and website (collectively, the "Software").
BY CLICKING "I AGREE" OR BY ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SOFTWARE.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. If you do not have such authority, you must not accept this Agreement and may not use the Software.
GHOST may modify this Agreement at any time by posting a revised version on our website or by otherwise notifying you. Your continued use of the Software following such modifications constitutes your acceptance of the modified terms.
Subject to your compliance with this Agreement and payment of applicable fees, GHOST grants you a limited, non-exclusive, non-transferable, revocable license to:
a) Access and use the Software during the subscription period solely for your internal business purposes; b) Install any downloadable components of the Software on devices you own or control; c) Allow your authorized employees and contractors ("Authorized Users") to use the Software as permitted herein.
The number of Authorized Users and extent of usage rights depend on the subscription tier you purchase. You may not exceed the scope of the license purchased.
GHOST and its licensors reserve all rights not expressly granted to you in this Agreement. No implied licenses or rights are granted.
You shall not, and shall not permit any Authorized User or third party to:
a) Copy, modify, translate, or create derivative works based on the Software; b) Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying ideas or algorithms of the Software; c) Rent, lease, loan, sell, sublicense, distribute, or otherwise transfer rights to the Software; d) Remove, alter, or obscure any proprietary notices in the Software; e) Use the Software to build a competitive product or service; f) Use the Software for any purpose prohibited by law, including data collection practices or content that violates applicable laws; g) Use the Software to transmit any viruses, malware, or other harmful computer code; h) Use the Software in any manner that could damage, disable, overburden, or impair GHOST's systems or interfere with any other party's use of the Software; i) Attempt to gain unauthorized access to the Software or related systems; j) Use the Software in violation of our Acceptable Use Policy.
To access the Software, you must register for a GHOST Marketing account. You agree to:
a) Provide accurate, current, and complete information during registration; b) Maintain and promptly update your account information; c) Maintain the security and confidentiality of your login credentials; d) Notify GHOST immediately of any unauthorized access or use of your account; e) Accept responsibility for all activities that occur under your account.
We reserve the right to disable your account at any time, including if you breach this Agreement.
Access to the Software requires payment of subscription fees based on your selected plan. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in this Agreement. Current pricing is available on our website.
Payment must be made by valid credit card, electronic funds transfer, or other payment method we approve. By providing payment information, you:
a) Represent that you are authorized to use the payment method; b) Authorize GHOST to charge your payment method for the Software; c) Authorize GHOST to charge your payment method for any paid feature you select during your use of the Software.
If your payment method is declined, you must provide an alternative payment method or your access to the Software will be terminated.
Unless otherwise stated, subscriptions automatically renew at the end of each subscription period using the payment method on file. You can cancel auto-renewal through your account settings or by contacting support@ghostmarketing.us.
GHOST reserves the right to modify its fees and charges at any time. We will notify you of any fee changes before they apply to you. Your continued use of the Software after a fee change constitutes your agreement to pay the modified amount.
Fees are exclusive of taxes. You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities, excluding taxes based on GHOST's net income.
This Agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or been terminated.
GHOST may terminate this Agreement immediately:
a) If you breach any material term of this Agreement and fail to cure such breach within 14 days of written notice; b) If you become the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation; c) If you engage in any harmful, fraudulent, or unlawful conduct.
Upon termination:
a) All licenses and rights granted to you under this Agreement immediately terminate; b) You must cease all use of the Software; c) You must pay any outstanding fees; d) You must return or destroy all copies of the Software in your possession; e) GHOST may delete your account data after a reasonable period following termination.
Sections related to Restrictions on Use, Intellectual Property Rights, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provisions that should reasonably survive termination will continue after termination.
GHOST and its licensors own all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to GHOST's trademarks, service marks, logos, domain names, or other distinctive brand features.
If you provide GHOST with feedback, suggestions, or recommendations regarding the Software, GHOST may use such feedback without restriction and without compensating you.
You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices embedded in or displayed on or within the Software.
GHOST Marketing's primary function is to unmask anonymous website visitors using our advanced surveillance technology. The Software collects and processes data as described in our Privacy Policy, including:
a) IP addresses and technical information about website visitors; b) Company and organization identification data; c) Website interaction and behavioral data; d) Contact information for business professionals.
By using the Software, you agree that:
a) You will comply with all applicable laws regarding data protection, privacy, and electronic communications; b) You will provide appropriate disclosures to website visitors about your use of tracking technologies; c) You will obtain necessary consents as required by applicable laws; d) You will not use the Software to collect sensitive personal information or to target individuals based on sensitive categories; e) You assume full responsibility for your use of the data obtained through the Software.
By using the Software, you acknowledge and consent to GHOST's use of anonymized data in the GHOST Data Co-op, which enhances our visitor identification capabilities. While we maintain internal records of data origins, we never disclose client identities to other Co-op members.
Each party may have access to information that is confidential to the other party ("Confidential Information"). Confidential Information includes the Software, its underlying technology, business plans, technical specifications, and any non-public information marked as confidential or that would reasonably be understood to be confidential.
Each party agrees:
a) To use the Confidential Information only for the purposes described in this Agreement; b) To maintain the confidentiality of the Confidential Information with reasonable care; c) Not to disclose Confidential Information to any third party except to employees and contractors who need to know it and who have agreed to keep it confidential; d) To return or destroy all Confidential Information upon termination of this Agreement.
Confidentiality obligations do not apply to information that:
a) Is or becomes publicly available through no fault of the receiving party; b) Was known to the receiving party prior to disclosure; c) Was independently developed by the receiving party without use of Confidential Information; d) Is rightfully received from a third party without confidentiality obligations; e) Must be disclosed pursuant to a regulation, law, or court order, but only to the extent required and after prompt notice to the disclosing party.
GHOST processes user data in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. By using the Software, you consent to such processing and warrant that all data you provide may be processed as described.
GHOST implements commercially reasonable technical and organizational measures designed to protect user data. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.
Each party shall comply with applicable data protection laws when processing personal data. If you are subject to the European General Data Protection Regulation (GDPR) or similar laws, you agree to execute a Data Processing Addendum with GHOST if requested.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GHOST DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
GHOST DOES NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (C) ANY INFORMATION PROVIDED THROUGH THE SOFTWARE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY DEFECTS WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT GHOST DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
IN NO EVENT WILL GHOST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF GHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GHOST'S TOTAL CUMULATIVE LIABILITY FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO GHOST DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless GHOST, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
a) Your access to or use of the Software; b) Your violation of this Agreement or any applicable laws; c) Your violation of any third-party right, including any intellectual property or privacy right; d) Any content or data you submit through the Software; e) Your use of data obtained through the Software.
GHOST will defend, indemnify, and hold you harmless from and against any third-party claim that the Software infringes any U.S. patent, copyright, trademark, or trade secret, provided that:
a) You promptly notify GHOST in writing of the claim; b) You give GHOST sole control over the defense and settlement of the claim; c) You provide GHOST with reasonable assistance in the defense and settlement at GHOST's expense.
GHOST's indemnification obligations will not apply to claims arising from:
a) Your modification of the Software; b) Your combination of the Software with non-GHOST products or content; c) Your use of the Software after GHOST has notified you to discontinue such use; d) Your failure to use the most current version of the Software if infringement could have been avoided by using the current version.
If the Software becomes, or GHOST believes it may become, the subject of an infringement claim, GHOST may at its option and expense:
a) Procure for you the right to continue using the Software; b) Replace or modify the Software so that it becomes non-infringing; c) Terminate your right to use the Software and refund any prepaid, unused fees.
This Agreement is governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any dispute arising out of or related to this Agreement shall be resolved through binding arbitration conducted in Seattle, Washington, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND GHOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may not assign or transfer this Agreement, by operation of law or otherwise, without GHOST's prior written consent. Any attempt to assign or transfer without such consent will be void. GHOST may assign this Agreement without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, terrorism, war, riots, fire, floods, epidemic, or failures of telecommunications or internet service providers.
Notices to you may be made via the email address associated with your account or through notifications within the Software. Notices to GHOST should be sent to legal@ghostmarketing.us
The failure of GHOST to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by GHOST, constitutes the entire agreement between you and GHOST concerning the Software and supersedes all prior or contemporaneous communications.
The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software.
If you have questions about this Agreement, please contact:
GHOST Marketing
Email: legal@ghostmarketing.us
Address: 320 N Gould St Ste R, Sheridan WY. 82801
By unmasking your next BIG customer with GHOST Marketing, you're acknowledging and accepting this End User License Agreement.