Terms of Service
Campaign Donut Effective Date: [INSERT DATE] Last Updated: [INSERT DATE]
1. Agreement to These Terms
By accessing or using Campaign Donut (available at campaigndonut.com and any associated subdomains or applications), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Campaign Donut LLC (“Company,” “we,” “us,” or “our”), the operator of Campaign Donut.
If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” include that organization.
If you do not agree to these Terms, you may not access or use Campaign Donut.
2. Description of Service
Campaign Donut is a software-as-a-service (SaaS) platform designed to help individuals, businesses, and agencies plan, organize, and manage marketing campaigns. Campaign Donut is a campaign management and planning tool only. We do not send emails, messages, or any communications on your behalf. All campaign execution, delivery, and distribution are your sole responsibility and are performed outside of our platform using your own tools, platforms, and accounts.
Features, functionality, and availability may change over time at our sole discretion. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
3. Eligibility
To use Campaign Donut, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- Be located in and comply with the laws of the United States
- Not be prohibited from using the Service under applicable law
- Not have had your account previously terminated by us for a violation of these Terms
4. Account Registration and Security
4.1 Registration
You must create an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration, and to keep that information updated.
4.2 Team Accounts and Seat Access
Depending on your subscription plan, you may invite additional team members to access your account (“Seats”). The individual who creates the account is the account administrator (“Admin”) and is responsible for:
- Managing team member access and permissions
- Ensuring all team members comply with these Terms
- All activity conducted by team members under the account, whether or not the Admin authorized it
Adding team members does not create a separate agreement between those individuals and Campaign Donut LLC. All obligations under these Terms rest with the Admin and the subscribing organization.
4.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to:
- Use a strong, unique password for your account
- Not share your login credentials with unauthorized parties
- Notify us immediately at support@campaigndonut.com if you suspect unauthorized access to your account
We are not liable for any loss or damage arising from your failure to maintain account security.
5. Free Trial
5.1 Trial Eligibility
We may offer a free trial period for new users. Each individual or organization is eligible for one free trial. You may be required to provide payment information to begin your trial.
5.2 Trial Limitations
During the free trial, access to certain features may be limited. We reserve the right to modify trial terms, duration, or availability at any time.
5.3 Conversion to Paid Subscription
Unless you cancel before the end of your trial period, your account will automatically convert to a paid subscription and your payment method will be charged at the applicable rate. It is your responsibility to cancel before the trial ends if you do not wish to be charged.
6. Subscriptions, Billing, and Payment
6.1 Subscription Plans
Campaign Donut offers subscription-based access following the free trial period. Available plans, features, seat limits, and pricing are described on our website and may be updated from time to time.
6.2 Billing
By subscribing to a paid plan, you authorize us (or our payment processor) to charge your designated payment method on a recurring basis according to your selected billing cycle (monthly or annual, as applicable). All fees are due and payable in advance.
6.3 Price Changes
We may change subscription prices with at least 30 days’ prior notice. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the updated amount.
6.4 Taxes
You are responsible for any applicable taxes, levies, or duties assessed in connection with your subscription, excluding taxes on our net income.
6.5 No Refunds
All fees paid are non-refundable except as expressly required by applicable law or as described in a separate refund policy published on our website. We do not provide refunds for partial subscription periods or unused features.
6.6 Failed Payments
If payment cannot be processed, we may suspend or terminate your access to the Service. You remain responsible for any unpaid amounts.
7. Acceptable Use Policy
You agree to use Campaign Donut only for lawful purposes and in compliance with these Terms. You agree not to:
- Violate any applicable federal, state, or local law or regulation
- Use the Service to plan, facilitate, or support the delivery of unsolicited communications (spam) in violation of the CAN-SPAM Act or any other applicable law
- Upload, transmit, or store any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
- Attempt to gain unauthorized access to any part of the Service or any related systems or networks
- Collect, harvest, or store personal data about others without their consent
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Use automated scripts, bots, scrapers, or other means to access or extract data from the Service without our express written permission
- Grant third parties direct access to your account in lieu of those parties obtaining their own subscription
We reserve the right to investigate and take appropriate action against violations, including suspending or terminating accounts and reporting to law enforcement authorities.
8. Agency and Client Use
8.1 Permitted Client Work
Agencies, consultants, and other service providers may use Campaign Donut to plan and manage campaigns on behalf of their clients. This is an expressly permitted use of the Service.
8.2 Agency Responsibility
When using Campaign Donut for client work, the subscribing agency or consultant remains the responsible party under these Terms. You are responsible for:
- Ensuring all client campaigns comply with applicable law, including the CAN-SPAM Act and TCPA
- Obtaining all required consents and permissions on behalf of your clients
- The accuracy, legality, and appropriateness of all client campaign content planned within the Service
Campaign Donut LLC assumes no liability for campaigns executed on behalf of your clients.
8.3 No Direct Client Access
Your subscription does not extend access rights to your clients. Clients who wish to use Campaign Donut independently must obtain their own subscription. Providing clients with login credentials to your account in lieu of a separate subscription is a violation of these Terms.
9. Campaign Execution and Compliance Responsibility
Campaign Donut provides tools for campaign planning and management only. We do not deliver, send, or distribute any campaign content on your behalf. You are solely and entirely responsible for:
- The execution and delivery of all campaigns planned within the Service
- Compliance with all applicable laws governing your campaigns, including the CAN-SPAM Act, TCPA, and any other federal or state regulations
- Obtaining all required consents and permissions from recipients of your campaigns
- The accuracy, legality, and appropriateness of all campaign content
- Any consequences arising from the execution of campaigns planned using the Service
We make no representations regarding the legal compliance of any campaign you plan within Campaign Donut, and nothing in the Service constitutes legal advice.
10. Intellectual Property
10.1 Our Intellectual Property
Campaign Donut, including its software, design, features, trademarks, service marks, logos, and content created by us, is owned by or licensed to Campaign Donut LLC and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited license to use the Service as described herein.
10.2 License to Use the Service
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Campaign Donut for your business or personal purposes during your subscription term.
10.3 Feedback
If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant us a royalty-free, worldwide, perpetual, irrevocable license to use, incorporate, and commercialize that Feedback without obligation to you.
11. User Content
11.1 Ownership
You retain ownership of any content, data, text, images, or other materials you upload or submit through the Service (“User Content”). By submitting User Content, you grant us a limited, non-exclusive license to host, store, process, and display your User Content solely as necessary to provide the Service to you.
11.2 Responsibility for Content
You are solely responsible for your User Content and represent that you have all rights necessary to submit it. This includes any content submitted on behalf of clients. We are not responsible for any User Content submitted by you or any third party.
11.3 Content Removal
We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or applicable law.
12. Privacy
Your use of Campaign Donut is subject to our Privacy Policy, available at campaigndonut.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
13. Third-Party Services and Integrations
Campaign Donut may integrate with or link to third-party services, platforms, or APIs. Your use of such third-party services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of any third-party services, and our inclusion of integrations does not imply endorsement.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAMPAIGN DONUT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
16. Indemnification
You agree to indemnify, defend, and hold harmless Campaign Donut LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your User Content; (d) the execution or delivery of any campaign you planned using the Service, including campaigns managed on behalf of clients; or (e) your violation of any third-party right or applicable law.
17. Term and Termination
17.1 Term
These Terms are effective upon your first access to the Service and remain in effect until terminated.
17.2 Termination by You
You may cancel your account at any time through your account settings or by contacting us at support@campaigndonut.com. Upon cancellation, you retain access to the Service through the end of your current paid billing term. No refunds are issued for unused time remaining in your term.
17.3 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. We may also terminate the Service entirely, with reasonable advance notice where practicable.
17.4 Data Retention and Deletion
Following the end of your paid term, your account data will be retained for up to 30 days, after which it may be permanently deleted. You are responsible for exporting any data you wish to retain before your term ends. We are not responsible for any data lost due to failure to export prior to deletion.
17.5 Team Access on Termination
Upon cancellation or termination, access for all team members under the account will end at the same time as the Admin’s access.
17.6 Effect of Termination
Upon the end of your access period, your license to use the Service terminates. Sections of these Terms that by their nature should survive termination will do so, including Sections 9, 10, 14, 15, 16, 18, and 19.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
18.2 Informal Resolution
Before initiating formal legal proceedings, you agree to contact us at support@campaigndonut.com and attempt to resolve the dispute informally for at least 30 days.
18.3 Jurisdiction
For any disputes not resolved informally, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
18.4 Waiver of Class Action
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations, and understandings.
19.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force.
19.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
19.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
19.5 Force Majeure
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of government, power outages, internet disruptions, or third-party service failures.
19.6 Notices
We may provide notices to you via email, in-app notification, or by posting on our website. Notices to us should be sent to the contact information below.
20. Changes to These Terms
We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.
21. Contact Us
If you have any questions about these Terms, please contact us:
Campaign Donut LLC Email: support@campaigndonut.com Website: campaigndonut.com
These Terms of Service should be reviewed by qualified legal counsel before publication. This document does not constitute legal advice.