Last Updated: January 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and other products and services provided by Bullseye Pro, including email services, trainings, events, marketing services, review and message boards, and various other communication applications (collectively referred to as our “Services”). By clicking to accept these Terms, or by accessing or using our Services in any way, you agree to comply with these Terms and our Acceptable Use Policy, which is incorporated herein by reference. If you do not agree with these Terms, including the mandatory arbitration clause and class action waiver in Section 19, please refrain from accessing or using our Services.

In certain instances, we may require you to agree to additional terms specific to particular features, products, or services. Should any additional terms conflict with these Terms, the additional terms will take precedence for the relevant feature, product, or service.For any inquiries regarding these Terms or our Services, contact us at [email protected].

1. Eligibility and Authority

You must be at least 18 years old to use our Services. If you are using our Services on behalf of another individual or entity, you confirm that you have the authority to agree to these Terms on their behalf and that the individual or entity will be responsible to us for any violations of these Terms.

2. Accounts; Account Security; Electronic Communications

Accessing certain aspects of our Services requires account registration. When creating an account, you must provide accurate information and update it promptly as necessary. You are responsible for maintaining the security of your account, not sharing your login credentials, and notifying us immediately if you suspect unauthorized access.

By creating a Bullseye Pro account, you agree to receive electronic communications from us, such as emails or notices posted on our Services. These communications may include account-related information like payment authorizations and password changes and are considered part of your relationship with us. You consent that any electronic notices, agreements, disclosures, or communications from us fulfill any legal requirements for written communication.

3. Privacy

Refer to our Privacy Policy to understand how we collect, use, and disclose your information.

4. Our Services; License

Our Services enable you and other users to create, post, store, and share marketing content, communications, and other materials (collectively, "Marketing Content"). You retain ownership of your Marketing Content but grant Bullseye Pro a nonexclusive, royalty-free, worldwide license to use, reproduce, adapt, distribute, and display your Marketing Content as per your settings within the Services. We may also use Marketing Content internally to enhance our Services and detect issues. You must not create or share Marketing Content that violates these Terms or our Acceptable Use Policy, or that you do not have rights to.When using the Services, you may import data about your Contacts (“Contact Data”). We use Contact Data solely to provide our Services, improve them, and ensure their proper functioning. We do not share Contact Data with third parties except as outlined below:

Service Providers: We may share Contact Data with third-party service providers to deliver our Services or manage the site.

Business Transfers: If Bullseye Pro is sold or undergoes a business transfer, Contact Data may be included in the assets transferred. Contact Data may also be disclosed during financing, securitization, insurance, sale, or other transfers of the company.

Legal Compliance: We may disclose Contact Data to comply with legal obligations, such as subpoenas or court orders.

Safety and Compliance: We reserve the right to use and share your information and Contact Data to investigate fraud, illegal activities, threats to safety, violations of these Terms, or as required by law.

Global Exclusion List: To comply with international data protection laws, we may add individuals to a communications exclusion list if they request not to receive emails from our Services. We will notify you of such requests if the individual is a Contact in your database.

5. Prohibited Conduct

5.1. Prohibited Activities on the Services

You agree not to engage in any unlawful, harmful, or disruptive activities while using our Services, including but not limited to:

Harassing, threatening, or stalking behavior

Impersonating others or misrepresenting affiliations

Unauthorized use of another user's account

Accessing Services through unauthorized means

Interfering with the functionality or enjoyment of the Services for others

Altering or removing content posted by others

Reverse engineering or bypassing security measures

Developing unauthorized third-party applications

Violating content-filtering protocols

Exporting restricted data

Using Services for illegal or unauthorized purposes

5.2. Compliance with Laws

You must comply with all applicable laws and regulations, including those related to export controls, sanctions, privacy, data protection, and electronic communications. You are responsible for obtaining necessary consents for sending Marketing Content to your Contacts and ensuring that your use of the Services does not violate any laws. Bullseye Pro may suspend your access if your Marketing Content is suspected of violating legal requirements.

5.3. Web Personalization Feature

Subscribers on Professional or Enterprise plans can use the Web Personalization feature to create customized webpage versions (“Experiences”) for Contacts. The number of unique Experiences is limited to ten times your Contact limit. Exceeding this limit may result in suspension or termination of Services.

5.4. Reporting Abuse

If you observe any violations of these Terms by other users, please notify us immediately.

6. Terms of Sale

6.1. Subscriptions

When you subscribe to our Services, you enter into a recurring contract based on the selected billing cycle (monthly, quarterly, annual, etc.). By subscribing, you authorize Bullseye Pro or our payment processor to charge your payment method for the subscription fees and any applicable taxes and charges until you cancel.

6.2. Cancellation

You can cancel your subscription at any time via your account dashboard or by contacting us. Cancellation must be initiated by the account owner or an authorized representative. Requests take effect at the end of the current billing cycle, and you remain responsible for fees up to the cancellation date. Promotional communications may continue unless you opt out. We may offer the option to pause your subscription, during which your account and data will remain active under our Privacy Policy.

6.3. One-Time Purchases

Certain features, like templates, may be available for one-time purchase without a subscription. These will be charged to your payment method at the time of purchase.

6.4. Free Trials

We may offer free trials for certain subscriptions. Terms for free trials will be specified in the relevant marketing materials or during registration. Free trials can be modified or terminated at our discretion without notice.

6.5. Payment and Billing Information

By providing a payment method, you confirm that you are authorized to use it and authorize us or our payment processor to charge the total subscription fees, including taxes and charges. If your payment method is invalid or unverified, your account may be suspended until resolved. Charges may vary due to promotions or changes in subscription plans or taxes. If you are in Brazil, you appoint PPRO Brasil Ltda. as your attorney-in-fact for necessary financial transactions related to payments.

7. Limited License; Copyright and Trademark

Our Services and all related content (“Bullseye Pro Content”) are owned by or licensed to Bullseye Pro and protected by law. You are granted a limited, nonexclusive, nontransferable license to use our Services and Content for personal or business communication purposes, subject to these Terms. This license does not permit selling, reproducing, modifying, or using the Content for unauthorized purposes. Unauthorized use will result in termination of the license.

8. Third-Party Content and Services

Our Services may include content, advertisements, and promotions from third parties (“Third Party Content”). We do not endorse or guarantee such content and are not responsible for interactions between you and third parties. If additional terms are required for third-party services or integrations (“Third Party Terms”), we will notify you and obtain your acceptance. Access to third-party services is subject to their own terms, not these Terms.For domain name acquisitions through our Services, Bullseye Pro will register the domain on your behalf and be listed as the registrant. You must comply with these Terms and the domain provider’s agreements. Domain transfers can be requested in writing, potentially subject to a fee, and must comply with ICANN regulations, including a 60-day transfer restriction period.

9. Feedback

Any feedback you provide regarding Bullseye Pro or our Services (“Feedback”) is non-confidential and becomes the exclusive property of Bullseye Pro. We may use and distribute Feedback without any obligation to you.

10. Publicity

You consent to being identified as a customer of Bullseye Pro in our marketing materials, website, press releases, and public statements. You grant us a nonexclusive, royalty-free license to use your name, trademarks, logos, and other proprietary marks as described.

11. Copyright Complaints

We enforce a policy against intellectual property infringement. If you believe your copyright is infringed on our Services, please notify Bullseye Pro’s Designated Agent following our procedure.

12. Indemnification

You agree to indemnify and hold harmless Bullseye Pro and its affiliates, officers, directors, agents, and employees from any claims, damages, liabilities, and expenses arising from your use of the Services, your Marketing Content, feedback, violation of Terms, or infringement of others' rights. You must promptly notify us of any such claims and cooperate in their defense.

13. Disclaimers

Our Services are provided “as is” and “as available” without any warranties, express or implied. We do not guarantee the accuracy, completeness, or reliability of our Services and are not responsible for any harmful components. You use our Services at your own risk and are responsible for complying with data protection laws regarding your Contacts.

14. Limitation of Liability

Bullseye Pro and its affiliates are not liable for any indirect, consequential, or punitive damages arising from your use of the Services. Our total liability is limited to the amount you have paid for the Services. This limitation does not apply to gross negligence, fraud, or other liabilities that cannot be excluded by law. Some jurisdictions may not allow certain liability exclusions.

15. Release

You release Bullseye Pro and its affiliates from all claims and damages related to disputes between users or third-party actions. You waive rights under California Civil Code § 1542 and similar laws that limit releases to known claims at the time of agreement.

16. Transfer and Processing Data

By using our Services, you consent to the processing, transfer, and storage of your information in the United States and other countries, where your data may not have the same protections as in your local jurisdiction.

17. Export Control, Sanctions Compliance, and Anti-Corruption

17.1. Export Control and Sanctions Compliance

Your use of our Services must comply with U.S. and other countries' export control and sanctions laws. You must not use our Services from prohibited jurisdictions (e.g., Cuba, Iran, North Korea, Syria, Crimea) or for entities or individuals on sanctioned lists. You confirm that you are not subject to any sanctions or prohibited from receiving U.S. exports and will comply with all relevant laws regarding data transmission.

17.2. Anti-Corruption Compliance

You must adhere to all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. You confirm that you have not engaged in any illegal or improper payments in connection with these Terms.

18. Commercial Items

If any U.S. Government agency acquires our Services, they acknowledge that our Services are "commercial computer software" and their rights are limited to those explicitly granted in these Terms, pursuant to relevant federal regulations.

19. Dispute Resolution; Binding Arbitration

Important: This section requires you to resolve certain disputes through binding arbitration and limits your ability to seek relief in court.Except for small claims or requests for injunctive relief regarding intellectual property misuse, you and Bullseye Pro waive the right to a jury trial and agree to resolve disputes through confidential arbitration in Cook County, Illinois, under the Streamlined Arbitration Rules and Procedures of JAMS. Arbitration will be individual and not class-based. The Federal Arbitration Act governs this section. Claims must be filed within one year of their occurrence. You may opt out of binding arbitration within thirty (30) days by notifying us in writing. Opting out requires you to resolve disputes as outlined in Section 20.

20. Governing Law and Venue

These Terms and your use of the Services are governed by Arizona law, excluding its conflict of law principles. Disputes not subject to arbitration will be resolved in Arizona state or federal courts located in Pinal County, Arizona.

21. Changes to these Terms

We may update these Terms periodically. Changes will be posted on our Services with an updated “Last Updated” date and may include email notifications. Continued use of the Services after changes signifies your acceptance. If you disagree with the changes, you must stop using the Services.

22. Termination

We reserve the right to terminate your access to the Services at our discretion without notice. We are not liable for any losses resulting from such termination.

23. Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be removed, and the remaining Terms will continue in full force and effect.

24. Miscellaneous

These Terms constitute the entire agreement between you and Bullseye Pro regarding your use of the Services. Any additional terms proposed by you are rejected and void. Failure to enforce any part of these Terms does not waive our rights. Section titles are for convenience and have no legal effect. These Terms benefit only the parties involved and do not confer rights to third parties. You may not assign these Terms without our written consent. These Terms can be executed electronically and in multiple counterparts, which together form a single agreement.