Terms of Service
Please read the following important Terms of Service before you purchase a subscription and create an account with us.
1. About our terms of service
These Terms of Service (Terms) set out our respective obligations to each other and by subscribing to our Services and/or creating a User Account you are agreeing to enter into a binding contract with us on these Terms.
A binding contract between us will arise from the moment you activate your User Account by clicking on the link in the verification email that will be sent to you.
A binding agreement between you ( and the company or organisation you represent ), the User and Pipelyft is created regardless of who has purchased and paid for the subscription you use.
2. Who we are
Pipelyft Ltd is a company registered and incorporated in England and Wales under company number 13075529 and with registered address at Delta 606 Welton Road, Delta Office Park, Swindon, England, SN5 7XF.(Pipelyft/The Company/ We/Us)
3. Our services
Pipelyft is a sales engagement tool designed to breed efficiency and enhance performance across multiple channels using an intuitive interface, structured sales sequences and automated processes.
4. Accessing our services
Our services are accessible online through a locked portal on our website which is available at pipelyft.com (the Platform)
You will need a subscription and a User Account to access our Platform.
5. Subscriptions
Various levels of subscription are available and can be managed through the platform once the initial payment has been accepted. Currently the only payment method we accept are debit cards using visa or mastercard.
Each subscription level allows access to a predefined range of features and functionalities. Please check our Pricing Page for the most currrent information on which features and functionalities are included within each subscription package .
6. Upgrading or downgrading your subscription
Managing your subscriptions and user base is done through the application on the account management pages
7. User Accounts
Types of User Account:
There are three levels of User Account, each with a different level of access as further defined below.
Owner/Admin – These users have full access to all areas and the ability to add new users and update billing information.
Manager – These users have all the same rights as an Owner/Admin user except that they are not able to update billing information.
User – These users have the most basic access. They can only access those areas that they are assigned to by an Owner/Admin or Manager user.
If you buy a single subscription you will automatically be assigned an Owner/Admin User Account.
If you buy multiple subscriptions you will be assigned an Owner/Admin User Account (Primary Subscriber) and will then be able to designate all further subscriptions to one of the three levels of user defined above.
Setting up a User Account:
Once you have purchased a subscription or one has been purchased on your behalf you will be able to create a unique User Account by completing the form on our website.
Once you have provided your information a verification email will be emailed to you with an activation link.
You will not be able to access your User Account and the features and functionalities of your subscription until you have activated your User Account.
General:
The user account associated with your subscription and used to access our Platform is provided by us exclusively for your use only. As such you are not permitted to transfer it to any other third party or allow any other person or organisation to share your account. You will be responsible for all activity which happens via connections/logins to the platform made using your account.
8. Paying for subscriptions
Subscriptions may either be paid for on a monthly rolling basis or annually in advance.
By subscribing to our services and providing your billing information you are authorising us to automatically process payment against your providing billing details in accordance with your chosen subscription term (i.e. either monthly or annually in advance) until you cancel your subscription in accordance with these Terms.
All payments are currently made through Stripe, but we may change or include new payment processing providers in the future.
9. Outdated or missing billing information
If the payment details you provided have expired or we are unable to take payment for any other reason we will attempt to contact you, using the email address you provided to ask you to update your payment details.
We will continue to attempt to take payment for seven days from your original billing date. If at the end of the seven days we are still unable to process your payment then your subscription will automatically be terminated and your account suspended. The suspension will continue for a further 10 days during which we can attempt to rectify any payment collection problems. Should payment issues not be resolved by the end of the suspension period then your account and any associated data will be deleted from our systems.
10. Trial Period
All new users (i.e. those who do not and have not previously had a User Account with us) who purchase an annual subscription for the first time are entitled to a 14 day cooling off period. This means that they have access to and can use all the features and functionalities of their chosen subscription but can choose to cancel their subscription at any time within 14 days of paying for it and will be given a full refund.
The Trial Period only applies to new Users who purchase an annual subscription.
11. Auto Renewal
Unless you cancel at least one week before the end of your current subscription it will automatically be renewed one the same basis as before (i.e. either every month for another month or every year for another year).
12. Cancelling your subscription
To cancel your subscription you need to notify us by pressing the “Cancel” button within your User Account at least seven days before the end of your current subscription.
If you cancel less than seven days before the end of your current subscription then we cannot guarantee that you won’t be billed because all billing is processed in batches.
If you believe that you have been wrongly billed you can contact us at support@pipelyft.com and we will investigate.
If you were billed because you cancelled your subscription less than seven days before the end of your current subscription then we may, at our discretion, grant you a partial refund with the balance being retained as an admin fee.
13. Responsibility for your information
You are solely responsible for uploading your prospect data into our platform and we accept no liability for any loss or damage to the integrity of your data. Data is loaded using CSV import routines requiring you to make your data available in the correct format for the loaders to use. It is your responsibility to ensure you have the means to provide data in a CSV format.
You acknowledge that in respect of any personal data contained in the information which you upload, we are acting on your behalf as data processors and you will remain the data controller and as such will be responsible for complying with the personal data processing requirements as legislated for in your country of operation , such as that detailed by the Information Commisioners Office for UK based companies handling personal data. It will be your sole responsibility to ensure you have the necessary authority to deal with such personal data, to ensure the accuracy and completeness thereof and to respond to any subject access requests in respect thereof.
14. Our servers
We have servers located in the EU, the UK, Switzerland, North America and the Asia-Pacific regions.
You will be asked to select a server location during the registration process. Your information will only be stored on a server in your chosen location.
While we cannot guarantee that all our servers will always be available we take reasonably and commercially practicable steps to ensure server availability.
Where possible, we will take down servers for maintenance outside of normal business hours (0900 to 1700) in the geographic region in which they are located.
15. Availability
Our Platform is provided on an “As Is” and “As Available” basis with all faults and defects and without warranty of any kind and We accept no liability for any disruption or non-availability of the Platform at any time and in any geographical location for any duration.
Pipelyft accepts no responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of our Platform. You should take your own precautions to ensure that the process you employ to access our Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
16. Failures of networks or hardware
Our Platform relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and cookie settings are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the features and functionalities of your subscription due to a poor internet connection, faulty components in your device (such as a faulty camera), or restrictive cookie settings or anything else that it would not be reasonable to expect us to control.
17. Limited license
You are granted a non-exclusive, non-transferable license to use our Platform in exchange for paying a subscription fee, but nothing in these Terms shall be deemed to convey to you any rights, title or ownership interests in and to our Platform or any content made available to you through our Platform.
You may not use, copy, modify or transfer our Platform (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence.
Your license will automatically be terminated if you:
- attempt to probe, scan or test the vulnerability of our Website or our Platform or a system or to breach security or authentication measures without proper authorisation;
- attempt to interfere with service to any other User, host or network, including, without limitation, through means of a virus, overloading, flooding, spamming, mail bombing or crashing;
- attempt to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App, except as expressly permitted by law; or
- use the App in any way other than as herein provided for then.
By using our Platform, You consent to Pipelyft collecting and using technical information, and data, about the devices and any related software used to access our Platform to improve our products and to provide any additional features and functionality to you. More information on how we do this is available in our Cookie Policy which can be accessed here.
18. Intellectual property and ownership of data
Pipelyft continues to be the sole owner of all its data and any derivatives thereof.
The Pipelyft Platform and any features and facilities made available to you through the Platform remain the property of Pipelyft and we grant you a limited, worldwide license to use it during the term of your subscription for the purposes of enabling you to derive the full benefits of your subscription.
Any data you upload through our Platform remains your property but you grant us a worldwide, royalty-free license to analyse aspects of your data and how its used, and use the results of any such analysis to gain insights enabling us to enhance our Services and the features and functionality we provide to you through the Platform. At no point during this analysis will any personal data you have made available in the platform be taken into account .
We will be the sole owners of any changes we make to the features and functions of our Platform from the insights gained from analysing data held in the Pipelyft platform.
19. Subscribers personal data – Collection and privacy
We collect personal information about you in order to facilitate us enabling you to access and use our Platform, to provide you with the Services, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how We use, disclose and store your personal information and details how you can access and correct Your personal information.
You agree to be bound by the clauses outlined in our Privacy Policy, which can be accessed here.
20. Deleting your data
If a subscription for Pipelyft is cancelled the personal data we hold related to the owner/admin account used to set up or maintain the subscription will be deleted from our servers unless needed to comply with any contractual obligations extending beyond the date of cancellation. .
Data for which you or the organisation you are acting on behalf of are the data controller (for instance any system users set up or any prospects personal data which has been loaded into a Pipelyft instance) – this data will effectively be completely destroyed on cancellation or termination of your Pipelyft subscriptions. It is your responsibility to ensure you make regular backups of your data using any functionality made available. Should the decision to cancel be made, prior to cancelling you should ensure any such data held in the platform is moved to a secure location outside of the bounds of the platform if you need to use it else where.
You can also send a request to support@pipelyft.com asking for any of your data to be physically deleted. Your request will be actioned as soon as is practicably possible after receipt, and where practical to do so.
Your historic data may be present for a period in our back-up solution until the backup process window has passed the date your data was last backed up as part of a rolling rotation cycle. The duration of this cycle is variable depending on our operational requirements but will never be more than 3 months.
You will not be able to access the data contained within the back-up solution.
21. Help using our platform
We have a detailed FAQ section which is accessible from within the platform that should resolve most of the most common problems users experience.
If you can’t find the solution using our FAQ then you can email us at support@pipelyft.com and one of our team will get back to you as soon as possible to assist you with your query.
22. Changes to our platform
We reserve the right from time to time to change or remove any of the features and functionalities which we offer in general as well as which features and functionalities will be made available to each subscription level
If we make material changes that negatively impact your use of our Platform or if we stop offering a feature, we will provide you with reasonable advance notice and an opportunity to export your content from your User Account; except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
23. Acceptable use
You will comply with our Acceptable Use Policy (AUP) at https://pipelyft.com/acceptable-use-policy.
24. Using your data
We make use of extensive cookies on our website and platform to enable us to analyse your data and make recommendations to you on how to bring greater efficiency to your sales processes
25. Termination
These Terms will continue to apply to you for as long as you have an active subscription to the Pipelyft services.
Certain clauses may continue to apply even after you cancel your subscription to the extent that the rights and obligations they impose are intended to survive termination and even where there is no longer any relationship between you and Pipelyft.
We may also terminate these Terms and your subscription, or suspend your User Account at any time, including in the event of your actual or suspected unauthorized use of our Platform or failure to comply with these Terms. This includes when you or the Primary Subscriber do not pay for any subscription when due. Before taking action, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would: (a) cause harm or liability to Pipelyft; (b) violate the law or a legal enforcement authority’s order; (c) compromise an investigation; or (d) compromise the operation, integrity, or security of our Platform.
If we, or you terminate these Terms, or we suspend your Subscription or User Account, then, except as provided for in clause 10, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid.
26. Variation
We reserve the right to modify services provided by Pipelyft, or any part or element thereof, at our discretion and without prior notice. These modifications may include, but are not limited to:
- Rebranding the Pipelyft Services.
- Temporarily or permanently ceasing the provision or development of specific Pipelyft Services or parts of the platform.
- Taking necessary actions to protect our rights in cases where the Pipelyft Services are used in a manner that could reasonably be interpreted as a violation of our intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, engaging in other destructive activities, or illegal activities.
We reserve the right, at our sole discretion to amend these Terms from time to time without prior notice to you. Such amendment will be effective from the moment the amended Terms are published on the Platform.
Where we make changes that materially affect your rights, (either) including (or) and changes in subscription fees, we will notify you of the changes using banners within the Platform and by emailing you using the address associated with your User Account thirty (30) days before the effective date of such modification.
In the event that you do not agree with a modification or rate change, either party can choose to terminate your subscription at the end of your then-current term by providing the required 30 days’ notice. In such a case, these Terms will terminate on the effective date of the modification. Your continued use of the Pipelyft Service, or any part or element thereof, after the effective date of a modification will be considered as your consent to the modifications.
Pipelyft shall not be held liable to you or any third party for any modification, rate increase, suspension, or discontinuance of the Pipelyft Services, or any part or element thereof.
27. No Guarantee
Pipelyft makes no guarantee that your use of our Platform or any of the features and functionalities which we make available to you will result in a tangible or quantifiable benefit to your business or result in a greater sales pickup.
28. No liability
To the maximum extent permitted by applicable laws, Pipelyft accepts no liability under or in connection with these Terms or your use of our Platform, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, except in the case of death or personal injury caused by Pipelyft’s negligence.
To the maximum extent permitted by law, under no circumstances will Pipelyft be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with our Platform, these Terms or their subject matter.
29. Waiver
Except as provided for in these Terms, no failure by Pipelyft to exercise a right or to require you to perform an obligation under these Terms shall amount to a waiver affecting Our ability to exercise such right or require such performance at any time thereafter.
No indulgence for any breach of these Terms shall amount to a waiver of any continuing or subsequent breach of these Terms.
30. Severance
Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
31. Joint and several liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A Primary Subscriber acknowledges and accepts that they will agree be jointly and severally liable with any other subscribers whom they have purchased a subscription on behalf of.
32. Third party rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and use of the App and no third party will have any right to enforce or rely on any provision of these Terms, except to the extent that a Primary Subscriber may enforce this agreement in respect of any number of subscriptions which they have purchased.
33. Assignment
You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Pipelyft.
34. Entire agreement
These Terms and Our Privacy and Cookie Policies embody the entire agreement between us and you and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to our Services and your use of Our Platform.
35. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales without regard to principals of conflicts of laws.
You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with these Terms or Your use of Our Platform.
36. Definitions and interpretation
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
(Intellectual Property Rights) means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.