Terms of Service

Effective: January 1, 2015 Last Updated: August 30, 2017

Introduction

We’re glad you chose to use Woodpecker.co. These Terms of Service (henceforth referred to as the “Terms”) regulate your access to and use of Woodpecker.co (“Woodpecker”, „we”, “us”, “our”, “ours”) and related services. Woodepcker.co sp. z o.o. (LTD) residing in Europe – Poland – Wroclaw, 29D Krakowska STR Zip code: 50-424, KRS 0000563751 offers online services: https://app.woodpecker.co – the web platform, henceforth referred to as “Woodpecker”; Woodpecker.co, henceforth referred to as the “Website”; and additionally provides content on: blog.wodpecker.co, henceforth referred to as the “Blog”. We want to provide you with the online tool for personalized cold email & follow-up automation that will save you the time spent on manual email prospecting.

PLEASE READ THE TERMS CAREFULLY BEFORE YOU USE OR ACCESS WOODPECKER, THE WEBSITE, & THE BLOG. BY USING OR ACCESSING WOODPECKER, THE WEBSITE & THE BLOG, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ORGANIZATION. IF YOU DO NOT ASSENT TO THESE TERMS, PLEASE DO NOT USE OR VIEW WOODPECKER, THE WEBSITE, & THE BLOG.

By accepting these Terms, you warrant that you are at least eighteen (18) years old and may lawfully enter into and form binding legal contracts. If you are entering into these Terms on behalf of an organization (for example, your employer), you warrant and represent that you are a duly authorized representative of such organization with the authority to enter into binding contracts on behalf of such organization.

Changes to the terms of service

Because Woodpecker, the Website, and the Blog will continue to evolve as we refine features and functionality, we may modify, suspend, or terminate Woodpecker, the Website, and the Blog in general or with respect to you, occasionally without cause or prior notice. We may also delete any content or data from the Woodpecker, the Website or the Blog at our discretion. The measures considering personal data you provide to Woodpecker, the Website and the Blog are described in our Privacy Policy.

Promotional use of your company name

We reserve the right to use your Company name as a reference for promotional purposes on the Website and in other communication with existing or potential Woodpecker.co users. For instance, we might list your company on one of our webpages under lists of Woodpecker’s customers. Nonetheless, we don’t want to list users who don’t wish to be listed, so you may send an email to hello [at] woodpecker.co stating that you do not wish to be used as a reference.

The range of service

Woodpecker.co provides web-based platform and services dedicated to individuals, teams, and organizations that use outbound email outreach for Business-to-Business (B2B) prospecting purposes or building B2B partnerships. Woodpecker is available online as the platform located at https://app.woodpecker.co to users who have a Woodpecker account or accounts (henceforth referred to as the “Users”).

The Users use Woodpecker for communication with their potential customers (henceforth referred to as “Prospects”) and customers (henceforth referred to as “Customers”). Users can upload documents, Customers’ information, and other content to Woodpecker, in addition to information about Prospects. Users can then share the Prospects’ and Customers’ information as well as all the previously updated content and communicate with Prospects via email through Woodpecker. Users retain all rights to all the content they upload to Woodpecker.

Woodpecker will not access or modify any content, except as necessary to provide the service to its users, prevent or resolve technical problems, or at the User’s request with regard to support matters. Woodpecker will not disclose any part of the User’s content except as described in the Privacy Policy or the Terms.

WOODPECKER MUST NOT BE USED FOR THE SENDING OF UNSOLICITED EMAIL (SOMETIMES CALLED “SPAM”) IN VIOLATION OF APPLICABLE LAW OR FOR THE TRANSMISSION OF ILLEGAL OR PROHIBITED CONTENT.

All the content sent from Woodpecker must be sent within the scope of B2B relations and must not be sent to Prospects or Customers who verbally expressed their wish to be excluded from further correspondence.

Minimal hardware & software requirements

Woodpecker may be accessed by:

  • PC, minimal operating system Windows XP
  • MAC, minimal operating system OSX 9 Recommended browsers: Chrome, Firefox or Safari

User’s account

The Woodpecker User’s Account (henceforth referred to as “Account”) may be set up by Woodpecker.co on User’s request or by the User himself/herself through the “Registration Page” at https://app.woodpecker.co. The access to the Account is provided on the basis of your Username and Password.

Sending limits within one User’s Account

Woodpecker allows the User to send “Opening Emails” which are the messages starting a conversation with a Prospect, as well as “Follow-ups” which are reminder messages sent to Prospects in case they did not reply to the Opening Email. There is no internal Woodpecker limit for messages sent a day from a single Woodpecker account. However, the User should check the limits set by their email account provider and make sure they will not exceed that daily limit of sent messages (including the number of Opening Messages as well as Follow-ups). The User’s domain reputation is at stake here, as while sending the messages, Woodpecker uses the server of the configured email account, and not an external server.

More than one email account integrated with a single Woodpecker Account

Within one Account, the User can integrate one email account which the emails will be sent from. For the second and each next email account integrated within one Woodpecker Account, the user will be charged the amount for another seat according to their current Pricing Plan.

For instance, User X set up a Woodpecker Account and chose TEAM PRO Plan for her premium subscription. Within the account, User X integrated one email account: userX[at]company.com. She will be charged $50/month, according to the chosen Pricing Plan. If the User X wants to integrate additional email account within her Woodpecker Account e.g. hello[at]company.com, in order to send emails from two different addressees, she will be charged for two seats within the TEAM PRO Plan, that is $100/month (2 x $50).

After setting up the account, the user has the right to 14-day free trial period (henceforth referred to as the “Free Trial”) which involves free access to all currently available Woodpecker features and functions for the period of 14 days, yet at the same time includes the limit of 150 Emails (including both Opening Messages and Follow-ups) sent during the Free Trial period. As the User opts in for a “Premium Subscription” to Woodpecker, he or she becomes a “Premium User” and their account will be referred to as the “Premium Account”.

Cancelling your Account

The User or Woodpecker.co may cancel the Account at any time and for any reason by giving note via email to the other party. If you decide to cancel your account, email us at hello [at] woodpecker.co. We may suspend your Account at any time, with or without cause.

Once cancelled, we may permanently delete your Account and all the data associated with it, including your emails from Woodpecker. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

Payments & pricing

Free trial

Users will not be charged for the 14-day Free Trial period, unless they opt in for a premium subscription before the day on which the Free Trial expires. Woodpecker does not require any payment information from the Users who wish to start the free Trial.

Premium subscription

Premium Users will be required to select a payment plan and provide Woodpecker with accurate information regarding his or her credit card or other payment instrument. The User pledges to promptly update their account information with regard to any changes in their payment information. By entering and editing your billing data, you take full responsibility for its validity and you declare its veracity. Woodpecker.co will not to be held responsible for the validity and veracity of the data entered by the User.

As Woodpecker’s Premium User, you agree to pay Woodpecker the amount that is specified in the applicable payment plan, and you authorize Woodpecker to bill your payment instrument in advance on a periodic basis in accordance with such terms. If you dispute any charges you must let Woodpecker know within sixty (60) days after the date that Woodpecker invoices you. The currently available payment plans include:

START-UP PLAN – 40 USD/month/seat

Features included:

Automated sending
  • Contact unlimited people per month
  • Any IMAP integration
  • Gmail integration
  • Outlook integration
  • Email throttling & human-like sending
  • Reply, click & open tracking
  • Advanced personalization
  • Time-zone setup
  • Replies in your inbox
Follow up automation
  • Automated follow-ups in thread
  • Intelligent reply detection and follow-up pausing
  • Autoreply detection
  • Fwd email detection
  • Bounce detection
  • Schedule each follow-up individually
  • Reschedule follow-ups after autoreply
Prospect base
  • Duplicate detection
  • Unlimited imports(.csv)
  • Built-in email validation before sending
  • Unlimited prospects
  • Spreadsheet look and feel
  • Teamwork & security
Advanced security system
  • Don’t address the same person twice
  • Empty custom fields detection
  • Team collaboration
  • Shared prospects’ lists & campaigns
  • Team view & my view
  • Blacklisting domains
Stats
  • Open, click, reply rates
  • Interest rate
  • In-app inbox with reply classification
  • Bounce rates
  • Campaign progress monitoring

 

One company may use more than one Woodpecker Account. In such a case, the company will be charged 40 USD/month for each seat. For instance, if there are three Woodpecker Accounts set up within a single company, the company will be charged 120 USD/month (3 x 40 USD/month).

TEAM PRO PLAN – 50 USD/month/seat:

Features included:

Integrations
  • BCC to CRM
  • Acces through API
  • Zapier integration with
  • 500+ apps
Automated sending
  • Contact unlimited people per month
  • Any IMAP integration
  • Gmail integration
  • Outlook integration
  • Email throttling & human-like sending
  • Reply, click & open tracking
  • Advanced personalization
  • Time-zone setup
  • Replies in your inbox
Follow up automation
  • Automated follow-ups in thread
  • Intelligent reply detection and follow-up pausing
  • Autoreply detection
  • Fwd email detection
  • Bounce detection
  • Schedule each follow-up individually
  • Reschedule follow-ups after autoreply
Prospect base
  • Duplicate detection
  • Unlimited imports(.csv)
  • Built-in email validation before sending
  • Unlimited prospects
  • Spreadsheet look and feel
  • Teamwork & security
Advanced security system
  • Don’t address the same person twice
  • Empty custom fields detection
  • Team collaboration
  • Shared prospects’ lists & campaigns
  • Team view & my view
  • Blacklisting domains
Stats
  • Open, click, reply rates
  • Interest rate
  • In-app inbox with reply classification
  • Bounce rates
  • Campaign progress monitoring

 

One company may use more than one Woodpecker Account. In such a case, the company will be charged 50 USD/month for each seat. For instance, if there are three Woodpecker Accounts set up within a single company, the company will be charged 150 USD/month (3 x 50 USD/month).

ENTERPRISE PLAN – custom pricing

The plan is dedicated to enterprise companies

Features included:

Custom solutions
  • Custom integrations
  • Onboarding process
  • Team training sessions
  • Tailor-made API solutions
Integrations
  • BCC to CRM
  • Acces through API
  • Zapier integration with
  • 500+ apps
Automated sending
  • Contact unlimited people per month
  • Any IMAP integration
  • Gmail integration
  • Outlook integration
  • Email throttling & human-like sending
  • Reply, click & open tracking
  • Advanced personalization
  • Time-zone setup
  • Replies in your inbox
Follow up automation
  • Automated follow-ups in thread
  • Intelligent reply detection and follow-up pausing
  • Autoreply detection
  • Fwd email detection
  • Bounce detection
  • Schedule each follow-up individually
  • Reschedule follow-ups after autoreply
Prospect base
  • Duplicate detection
  • Unlimited imports(.csv)
  • Built-in email validation before sending
  • Unlimited prospects
  • Spreadsheet look and feel
  • Teamwork & security
Advanced security system
  • Don’t address the same person twice
  • Empty custom fields detection
  • Team collaboration
  • Shared prospects’ lists & campaigns
  • Team view & my view
  • Blacklisting domains
Stats
  • Open, click, reply rates
  • Interest rate
  • In-app inbox with reply classification
  • Bounce rates
  • Campaign progress monitoring

AGENCY PLAN – custom pricing

The plan is dedicated to lead generation agencies.

Features included:

Agency features
  • Multiple accounts for different clients served by the agency
  • Agency dashboard
  • White-labeled service
Integrations
  • BCC to CRM
  • Acces through API
  • Zapier integration with
  • 500+ apps
Automated sending
  • Contact unlimited people per month
  • Any IMAP integration
  • Gmail integration
  • Outlook integration
  • Email throttling & human-like sending
  • Reply, click & open tracking
  • Advanced personalization
  • Time-zone setup
  • Replies in your inbox
Follow up automation
  • Automated follow-ups in thread
  • Intelligent reply detection and follow-up pausing
  • Autoreply detection
  • Fwd email detection
  • Bounce detection
  • Schedule each follow-up individually
  • Reschedule follow-ups after autoreply
Prospect base
  • Duplicate detection
  • Unlimited imports(.csv)
  • Built-in email validation before sending
  • Unlimited prospects
  • Spreadsheet look and feel
  • Teamwork & security
Advanced security system
  • Don’t address the same person twice
  • Empty custom fields detection
  • Team collaboration
  • Shared prospects’ lists & campaigns
  • Team view & my view
  • Blacklisting domains
Stats
  • Open, click, reply rates
  • Interest rate
  • In-app inbox with reply classification
  • Bounce rates
  • Campaign progress monitoring

Period of validity of the premium subscription

The Premium Subscription is valid for an unspecified period of time. Either of the sides can terminate the agreement without giving a reason. Upon the termination, User will be able to access their Woodpecker Account for the period which have been covered by the last payment.

After that, User will not be able to use the Account and all the data stored in the account will be permanently deleted. The User will not be able to restore any data that has been deleted due to termination (cancellation) of the Woodpecker Account.

The termination request will be sent via email support [at] woodpecker.co.

Complaints for wrongdoing can be filed via e-mail address: support [at] woodpecker.co. The filed complaints will be considered within 15 business days.

Refunds

All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site or in email to you, at our option, at least 30 days before the change is to take effect regarding your use of Woodpecker. Your continued use of Woodpecker after the price change becomes effective states for your agreement to pay the changed amount.

The only exception is when Woodpecker.co cancels your Account without cause. In such a case, Woodpecker.co will refund a prorated portion of your monthly pre-payment. Woodpecker.co will not refund if there is a cause for the Account cancellation, such as a violation of these Terms or our Privacy Policy.

Rights

Our Proprietary Rights

As Woodpecker.co we reserve the proprietary rights including patents, trademarks, service marks, and copyrights. As the User, you pledge to respect our proprietary rights in Woodpecker, the Website, and the Blog. You may only use our brand assets with our consent. We reserve the right to review email campaigns sent from Woodpecker. We may view the Content you enter to Woodpecker in case we need to solve a technical or functional issue or in case we suspect that you may violate the Terms of Use.

Your Proprietary Rights

As the User, you represent and warrant that you either own or have permission to use all of the Content you include in the messages sent from Woodpecker. Woodpecker.co does not take responsibility for any of the text, numerical data, graphic materials, links and other kinds of content stored by the Users within their Accounts or sent to their Prospects and Customers. You retain ownership of the materials you upload to Woodpecker. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

 

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