TemplateHub Terms of Service

 

Effective: December 12, 2024

 

Thanks for using TemplateHub. Please read these Terms carefully. By using TemplateHub or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and TemplateHub (“Agreement”). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. If you don’t agree to these Terms, you must immediately discontinue your use of the Service

We’ll start with the basics, including a few definitions that should help you understand these Terms. TemplateHub (“TemplateHub,” “Platform”, “we,” or “us”) is an online intelligent communication and knowledge automation platform (the “Service”) offered through the various URLs, Add-Ons and downloads that allows you to, among other things, create, send, share, and manage files, content, documents, collateral, media, certain marketing campaigns, including, without limitation, emails, advertisements, social media posts and mailings (each a “Content & Campaign,” and collectively, “Content & Campaigns”). TemplateHub is owned by Acrowit, Inc. d/b/a WittyParrot a Delaware C Corporate company and has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

Some features of the Service are offered as add-ons to your TemplateHub account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons.

If you have any questions about our Terms, feel free to email us at legal@TemplateHub.IO.

Your Content & Your Permissions

1. Content

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

2. Sharing your Content

Our Services let you share Your Content with others. When you share the content, that contains images, as wit link, we create public URLs for such images. These public URLs allow anyone who has access to the URLs can access the images used in the content. So please think carefully about what you share

3. Your Responsibilities

You’re responsible for your conduct. Your Content and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

Account

4. Eligibility

In order to use the Service, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information; and
  5. not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

TemplateHub may refuse service, close accounts of any users, and change eligibility requirements at any time.

5. Term

When you sign up for the Service and agree to these Terms, the Agreement between you and TemplateHub is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a TemplateHub account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Login” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

6. Closing Your Account

You or TemplateHub may terminate the Agreement at any time and for any reason by terminating your TemplateHub account or giving notice to the other party. If you choose to close the account and terminate the agreement and your account is a paid account, we’ll not refund the prepayment. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly or annual prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your paid account is inactive for 12 or more months, we may terminate the account. We will terminate your free trial account once the trial period ends and if you choose not to convert the free trial account to paid account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Content & Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

7. Changes

We may change any of the Terms by posting revised Terms of Use on our Website. Unless you terminate your account within 30 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.

8. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that TemplateHub is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

9. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of TemplateHub.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and platform capabilities, to protect the security and privacy of the data held within the account.

10. Account Disputes

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TemplateHub AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you

Payment

11. Annual and Monthly Plans

When you sign up for a Monthly or Yearly Plan (“Plan”), you agree to recurring billing. Billing occurs on the same day each month or year, based on the date that you started the Plan. Billing for the Plans may be paused, and you may choose to close your account permanently at any time.

Our charges for the Plans may be changed from time to time as per the contract or purchase agreement. If any part of a year is included in the Term, then payment is due for the full year.

12. Credit Cards

As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the annual or monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

13. Refunds

You may cancel your TemplateHub Paid Account at any time. You won’t be entitled to a refund for a prepaid Plan if you or we stop providing the Service and terminate your account with or without cause. We may, at our sole discretion, offer a refund if a Member requests one.

14. Charges for Add-Ons

If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Annual or Monthly Plan or other Services, and certain Add-ons may require upfront payment for their entire billing cycle.

15. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Rights

16. Proprietary Rights Owned by Us

You will respect our proprietary rights and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

17. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to TemplateHub in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum (sample here).

18. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

19. Right to Review Campaigns

We may view, copy, and internally distribute Content from your usage and Campaigns and account to create and train algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.

Rules and Abuse

20. General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
  2. You won’t use purchased, rented, or third-party lists of email addresses.
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms.

TemplateHub doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

If you violate any of these rules, then we may suspend or terminate your account.

21. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a TemplateHub Member, please report it to us via email to legal@TemplateHub.IO. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us.

22. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your TemplateHub account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to TemplateHub that:

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to TemplateHub’s Privacy Policy.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to TemplateHub and to enable such data to be lawfully collected, processed, and shared by TemplateHub for the purposes of providing the Service or as otherwise directed by you.
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  4. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable TemplateHub to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.
  5. You will sign and return TemplateHub’s Data Processing Addendum (sample here), which sets out your and TemplateHub’s obligations with respect to data protections and security when processing personal information. Once signed, the Data Processing Addendum will form part of and be incorporated into the Agreement. You can access our data processing agreement here, where you will be directed to log in to your account to sign the agreement online.

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 22.

23. Export Controls

The software that supports the Service (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Software or content or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It’s important to note that this Section 23 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern TemplateHub, the Service, or the Software. You’re downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

Liability

24. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Platform and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.

25. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

26. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

27. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

28. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

29. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

30. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

31. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms.

Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is Acrowit, Inc. 10225, Beardon Dr. #2, Cupertino, California 95014, United States.

32. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

33. Choice of Law

The State of California’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Santa Clara County, California, and each party will be subject to the jurisdiction of those courts.

34. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

35. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

36. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

37. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

38. Amendments and Waiver

Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

39. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

40. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

41. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Content and/or Campaign distribution lists (each a “List”), we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

42. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Acrowit Inc., 10225 Beardon Drive #2, Cupertino, California 95014, United States, or any addresses as we may later post on the Website.

43. Entire Agreement

The Agreement and any additional terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Updated December 12, 2024.

 

TemplateHub Privacy Policy

 

Effective: December 12, 2024

TemplateHub takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.

We recommend that you read this privacy policy in full to ensure you are fully informed. However, to make it easier for you to review the parts of this privacy policy that apply to you, we have divided up the document into sections that are specifically applicable to Members (Section 2), Contacts (Section 3), and Visitors (Section 4). Sections 1 and 5 are applicable to everyone.

If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.

1. The Basics

A. About Us

TemplateHub is an intelligent communication and knowledge automation platform (the "Services") operated by Acrowit, Inc. d/b/a/ WittyParrot, a Delaware C Corporation company headquartered in the State of California in the United States ("we," "us," "our," “Platform”, and "TemplateHub").

The Services enable our Members to, among other things, store, share send and manage content and email campaigns and serve advertisements. We also provide other related services, such as real-time data analytics.

B. Key Terms

In this privacy policy, these terms have the following meanings:

“Content” is the information store of your files, documents, photos, comments, messages, emails, campaigns and so on (“Your CONTENT”), collaborate with others, and work across multiple devices. To make that possible, we store, process, and transmit Your Content as well as information related to it. This related information includes your profile information that makes it easier to collaborate and share Your Content with others, as well as things like the size of the file, the time it was uploaded, collaborators, usage activity and other metadata of the Content.

"Contact" is a person a Member may contact through our Services. In other words, a Contact is anyone on a Member's List or about whom a Member has given us information. You may choose to give us access to your contacts to make it easy for you to do things like share and collaborate on Your Content, send emails and messages, and invite others to use the Services. If you do, we’ll store those contacts on our servers for you to use

"Distribution List" is a list of Contacts a Member may create, upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).

"Member" means any person or entity that is registered with us to use the Services.

"Personal Information" means any information that identifies or can be used to identify a Member, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

"Website(s)" means any website(s) we own & operate (such as www.TemplateHub.IO) or any web pages, interactive features, applications, add-ons, widgets, blogs, social networks, social network "tabs," or other online, mobile, or wireless offerings that post a link to this privacy policy.

"Visitor" means any person who visits any of our Websites.

"you" and "your" means, depending on the context, either a Member, a Contact, or a Visitor.

2. Privacy for Members

This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. If you are not a Member, the Visitor or Contacts section of this policy may be more applicable to you and your data. In this section, "you" and "your" refer to Members and potential Members.

 

A. Information We Collect

The Personal Information that we may collect broadly falls into the following categories:

(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with TemplateHub), or communicate with us in any other way.

We will let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Service and in this privacy policy.

This information may include:

·       Registration information: You need a TemplateHub account to use the Services as a Member. When you register for an account, you will be asked to provide certain basic information, such as your name, email address, username, password, company name, occupation, location, and phone number (for example, if you are using two-factor authentication).

·       Billing and communications information: If you purchase our Services, you may also need to provide us with payment and billing information, such as your credit card details and billing address. TemplateHub will also maintain a record of your billing transactions and purchases, and any communications and responses.

·       Information we process on your behalf: In order to share content or send an email campaign or use certain features in your account, you need to upload a Distribution List that provides us information about your Contacts, such as their names and email addresses. We use and process this information to provide the Services in accordance with your instructions.

(ii) Information we collect automatically: When you use the Services, we may automatically collect certain information about your device, location and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

This information may include:

·       Device information: We collect information about the device and applications you use to access the Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.

·       Log data: Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services.

·       Product usage data: We collect usage data about you whenever you interact with our Services, which may include actions you take in your account (like sharing, editing, viewing, and moving files or folders), the dates and times you access the Services and your browsing activities (such as what portions of the Services are used). We also collect information regarding the performance of the Services, including metrics related to the deliverability of Content, emails and other communications you send through the Services. This information allows us to improve the content and operation of the Services and facilitate research and analysis of the Services.

(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.

(iv) Information from the use of our mobile apps: When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.

·       Device information: We may collect information about the type of device and operating system you use. We do not ask for, access, or track any location-based information from your mobile device at any time while downloading or using our mobile apps or Services.

·       Product usage data: We may use mobile analytics software to better understand how people use our application. We may collect information about how often you use the application and other performance data.

B. Use of Personal Information

We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:

C. Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on your behalf. These web beacons track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, email client type and other similar details. We use this information to measure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement.

D. TemplateHub Administrators

If you are a user of TemplateHub and have TemplateHub subscription account, your administrator may have the ability to access and control your TemplateHub account. Please refer to your organization’s internal policies if you have questions about this. If you are not a TemplateHub user but interact with a TemplateHub user (by, for example, joining a shared folder or accessing Content shared by that user), members of that organization may be able to view the name, email address, profile picture, and IP address that was associated with your account at the time of that interaction.

E. Member Distribution Lists

A Distribution List can be created in a number of ways, including by importing Contacts, such as through a CSV or directly from your email client. Your Distribution Lists are stored on a secure TemplateHub server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Distribution Lists from TemplateHub at any time.

If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.

If a Contact chooses to use the Forward to a Friend (FTF) link in an email campaign a Member sends, it will allow the Contact to share the Member’s email content with individuals not on the Member’s Distribution List. When a Contact forwards an email to a friend, we do not store the Contact’s email address or their friend’s email address, and no one is added to any Distribution List as a result of the FTF link. The Member who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Contact and does not have access to the email addresses used to share or receive that forwarded content.

F. Other Data Protection Rights

You and your Contacts may have the following data protection rights:

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.

3. Privacy for Contacts

This section applies to the information we process about our Members’ Contacts as a data controller pursuant to our legitimate business interests, as explained in the "Legal Basis for Processing" section below. Our Services are intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. TemplateHub is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place. For purposes of this section, "you" and "your" refer to Contacts.

 

A. Information We Collect

The Personal Information that we may collect or receive about you broadly falls into the following categories:

(i) Information we receive about Contacts from our Members: A Member may provide Personal Information about you to us through the Services. For example, when a Member uploads their Distribution List or integrates the Services with another website or service (for example, when a Member chooses to connect their e-commerce account with TemplateHub), or when you sign up for a Member’s Distribution List on a TemplateHub signup form, they may provide us with certain contact information or other Personal Information about you such as your name, email address, address or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Member.

(ii) Information we collect automatically: When you interact with an email campaign that you receive from a Member or browse or purchase from a Member’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us, and we use this information to provide publicly available social media information about you to Members who have enabled the "Social Profiles" feature in their TemplateHub accounts.

B. Use of Personal Information

We may use the Personal Information we collect or receive about you for our legitimate business interests, including:

C. Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you interact with a Member’s email campaign or connected store, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on behalf of our Members. When you receive and engage with a Member’s campaign, web beacons track certain behavior such as whether the email sent through the TemplateHub platform was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as your IP address, browser, email client type, and other similar details. We use this information to measure the performance of our Members’ email campaigns, and to provide analytics information and enhance the effectiveness of our Services.

Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement.

D. Legal Basis for Processing

We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Services and our Website.

 

E. Other Data Protection Rights

You may have the following data protection rights:

As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by TemplateHub as a processor on behalf of our individual Members, you should contact the relevant Member that is using the TemplateHub Services, and refer to their separate privacy policies.

If you no longer want to be contacted by one of our Members through our Services, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

4. Privacy for Visitors

This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities. In this section "you" and "your" refers to Visitors.

 

A. Information We Collect

(i) Information you provide to us on the Websites or otherwise: Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid TemplateHub account, apply for a role with TemplateHub, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

(ii) Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.

Specifically, the information we collect automatically may include your IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with our Websites and other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement.

B. Use of Personal Information

We may use the information we collect through our Websites for a range of reasons, including:

In addition, we may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.

C. Public Information and Third-Party Websites
·       Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at legal@TemplateHub.IO. If we are unable to remove your information, we will tell you why.
D. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookie Statement.

 

E. Other Data Protection Rights

You have the following data protection rights:

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

5. General Information

A. How We Share Information

We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, "you" and "your" refer to Members, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.

For example, if it is necessary to provide Members something they have requested (like enable a feature such as Social Profiles), then we may share Members’ or Contacts’ Personal Information with a service provider for that purpose. Other examples include analyzing data, hosting data, engaging technical support for our Services, processing payments, and delivering content.

These third-party service providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this privacy policy.

In connection with our Services, we use a third-party service provider, SendGrid & Twilio, Inc. We use SendGrid and Twilio’s API, which allows us to build features into our TemplateHub application to enable us to communicate with our Members through emailing, texting and calling. If you are a Member, SendGrid and Twilio may need to collect and process certain Personal Information about you as a controller to provide such services.

(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information of Members and Visitors with them for this purpose. We do not sell or market to any of our Members’ Contacts. We and our third-party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information about cookies and other tracking technologies, please see our Cookie Statement.

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(v) Any other person with your consent.

B. Legal Basis for Processing Personal Information (EEA Persons Only)

If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.

If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the "Questions and Concerns" section below.

C. Your Choices and Opt-Outs

Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the "Questions and Concerns" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your TemplateHub account.

D. Our Security

We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. For further information about our security practices, please see our Security page. If you have any questions about the security of your Personal Information, you may contact us at legal@TemplateHub.IO.

TemplateHub accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s TemplateHub account is so sensitive, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.

E. International Transfers

We operate in the United States. Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Members a Data Processing Agreement.

 
F. Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

G. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through email at legal@TemplateHub.IO.

 

H. Changes to this Policy

We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

 

I. Questions & Concerns

If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please send us an email to legal@TemplateHub.IO.

 

Updated December 12, 2024

TemplateHub Cookie Statement

 

Effective: December 12, 2024

 

TemplateHub is owned and operated by Acrowit, Inc. d/b/a WittyParrot (“TemplateHub”, “Platform”, “we”, “us”, and “our”). This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our various websites and blog sites that link to this Cookie Statement or any website or mobile application owned, operated or controlled by us (collectively, “Websites” or “websites”), and when our users’ subscribers visit websites or e-commerce stores operated by our users or open or interact with emails delivered through our Services. It explains what these technologies are and why we use them, as well as your rights to control our use of them. This Cookie Statement is and will be treated as part of our Terms of Service and is automatically incorporated therein. Capitalized terms used and not otherwise defined in this Cookie Statement have the meanings given to those terms in our Privacy Policy.

In some cases, we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information. For more information about how we process your Personal Information, please consult our Privacy Policy.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order to (for example) make their websites or services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner or service provider (in this case, TemplateHub) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third-party cookies can recognize your computer both when it visits the website or service in question and also when it visits certain other websites or services.

Why do we use cookies and other tracking technologies?

We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites, and we refer to these as “performance” or “functionality” cookies. For example, we use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Websites and to otherwise improve the functionality of the Services we provide. We also enable our users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow us and our users to track their subscribers. Finally, third parties serve cookies through our Websites and Services for advertising, analytics, and other purposes.

Other tracking technologies

We and our third-party partners may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”), links, and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or, in the case of web beacons, opened an e-mail that we have sent them or, in the case of links, opened or downloaded the shared content that we have sent to them. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to serve targeted advertisements to you and others like you, to improve site performance, and to measure the success of marketing campaigns. While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.

 

Google Analytics

Please note that we use Google Analytics cookies for data analytics purposes, and you can find more information on how Google uses data from these cookies at google.com/policies/privacy/partners. You can visit www.youronlinechoices.eu to opt-out of cookies relating to behavioral advertising. If you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice. A flash cookie remains after you close your browser and will be accessed every time you use our platform. You should visit Google’s website at https://tools.google.com/dlpage/gaoptout/ to learn more about flash cookies and modify those settings. Please note that if you delete or choose not to accept cookies from us, you will lose some functionality of the Service. To clear all other cookies please go to the settings in your browser.

Targeted online advertising

We have engaged one or more third party service providers to track and analyze both individualized usage and volume statistical information from interactions with our Websites. We also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Websites and/or to manage and serve advertising on other sites.

These third parties use cookies, web beacons, pixel tags, links and similar tracking technologies to collect and use certain information about your online activities, either on our Websites and/or other sites or mobile apps, to infer your interests and deliver you targeted advertisements that are more tailored to you based on your browsing activities and inferred interests (“Interest Based Advertising”).

Our third-party service providers may also use cookies or web beacons to collect information about your visits to our Websites and/or other sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads). The information collected by these third parties does not include personal information that enables you to be specifically identified (e.g. by reference to your name or email address).

Cookies served through the Services

User email campaigns

We automatically place single pixel graphics or gifs, also known as web beacons, in every email sent by our users. These are tiny graphic files that contain unique identifiers that enable us and our users to recognize when their subscribers have opened an email or clicked certain links. These technologies record each subscribers email address,

IP address, date, and time associated with each open and click for a campaign. We use this data to create reports for our users about how an email campaign performed and what actions subscribers took.

User sites

If a user elects to use certain TemplateHub add-ons or features, the use of those may permit or require additional cookies or tracking technologies to be employed. If a user connects his or her website or e-commerce store (in each case, a “Site”) to a TemplateHub account, TemplateHub installs a JavaScript tracking snippet (“Snippet”) on that user’s Site. This Snippet will allow cookies, pixels, and other technologies to be set on that user’s Site to facilitate the use of certain automations, features and functionality offered by TemplateHub through the Services. The specific cookies, pixels, or other technologies that will be set on a user’s Site depend on the particular add-ons or features that the user chooses to use as part of the Services. Subscribers should therefore review the relevant user’s privacy notice and cookie disclosures for further information about the specific types of cookies and other tracking technologies used on the Site. These optional add-ons and features include:

Product retargeting emails: Our product retargeting emails feature allows our users to promote new items or best sellers to their subscribers. When a subscriber clicks a link within a product retargeting email, the user’s Site drops a TemplateHub cookie on that subscriber’s device that is placed through the Snippet. This cookie allows TemplateHub to track attribution rates and browser activity and provide reporting to the user regarding the success of their product retargeting emails.

Landing Pages

If a user elects to use the TemplateHub feature known as “Landing Pages,” the use of that feature will permit additional cookies or tracking technologies to be employed by the user. Users who create Landing Pages will have the option to set cookies on the device of any visitors to those pages. When a user chooses to set cookies, TemplateHub installs the Snippet on that user’s Landing Page to facilitate the deployment of the cookie(s) selected by that user. Subscribers should review the relevant user’s privacy notice and cookie disclosures for further information about the specific types of cookies and other tracking technologies used on any Landing Page.

How can I control cookies?

You have the right to decide whether to accept or reject cookies.

Browser Controls: You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites though your access to some functionality and areas of our Websites may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

Do Not Track: Some Internet browsers - like Internet Explorer, Firefox, and Safari - include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Websites do not currently process or respond to “DNT” signals. TemplateHub takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. To learn more about “DNT”, please visit All About Do Not Track.

How often will you update this Cookie Statement?

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.

The date at the bottom of this Cookie Statement indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at legal@TemplateHub.IO.

 

Updated December 12, 2024.

 

TemplateHub Business Agreement

 

Effective: December 12, 2024

 

This TemplateHub Business Agreement (the "Agreement") is Acrowit, Inc. d/b/a/ WittyParrot, a Delaware corporation and the organization agreeing to these terms ("Customer"). This Agreement governs access to and use of the Services and Beta Services. By clicking "Login" or “Sign Up” signing your contract for the Services, or using the Services, you agree to this Agreement as a Customer.

To the extent that Acrowit, Inc. is, on behalf of the Customer, Processing Customer Data that is subject to EU Data Protection Laws, by clicking "Login" or “Sign Up”, you are also agreeing to the Data Processing Agreement and EU Standard Contractual Clauses, defined below, with Acrowit, Inc. for the transfer of Personal Data to processors.

If you are agreeing to this Agreement and, if applicable, the Data Processing Agreement, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.

  1.  Services.
    1. Provision. This Agreement governs access to, and use of, the Services and Software. Customer and End Users may access and use the Services in accordance with this Agreement.
    2. Security Measures. Any TemplateHub personnel who have access to Customer Data will be bound by appropriate confidentiality obligations. TemplateHub will use industry standard technical and organizational security measures to transfer, store, and Process Customer Data that, at a minimum, will comply with the Security Measures. The Security Measures are designed to protect the integrity of Customer Data and guard against the unauthorized or unlawful access to, use, and Processing of Customer Data. TemplateHub may update the Security Measures from time to time. TemplateHub will provide Customer with at least sixty days prior notice if TemplateHub updates the Security Measures in a manner that materially diminishes the administrative, technical, or physical security features of the Services taken as a whole.
    3. Data Processing and Transfer.
      1. Data Processing. This Agreement constitutes Customer’s instructions to TemplateHub to Process Customer Data. TemplateHub and its Sub-processors will only Process Customer Data to provide the Services and to fulfill TemplateHub's obligations in this Agreement. Customer agrees that TemplateHub and its Sub-processors may transfer, store, and Process Customer Data in locations other than Customer's country. TemplateHub will inform Customer of any legal requirement which prevents it from complying with Customer’s instructions, unless prohibited from doing so by applicable law or on important grounds of public interest. The parties acknowledge that Customer Data may contain Personal Data, and a description of the Personal Data and further information about the Processing is set out in the Data Processing Agreement.
      2. Data Processing Agreement. To the extent Customer Data is subject to EU Data Protection Laws and is processed by TemplateHub on Customer's behalf: (i) TemplateHub will use and process Customer Data as Customer instructs in order to provide the Services and to fulfill TemplateHub's obligations under the Agreement; and (ii) Customer agrees to the Data Processing Agreement with Acrowit, Inc. for the transfer of Personal Data. The Data Processing Agreement applies only to the Services and does not apply to Beta Services.
    4. Modifications. TemplateHub may update the Services from time to time. If TemplateHub changes the Services in a manner that materially reduces their functionality, TemplateHub will notify Customer at the email address associated with the account, and Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis.
    5. Software.
      1. Generally. The Services allow Customer and End Users to download Software that may update automatically. If any component of the Software is offered under an open source license, TemplateHub will make the license available to Customer and to the extent the provisions of that license grant Customer additional rights, those provisions will expressly override some terms of this Agreement with respect to that component of the Software.
      2. License. TemplateHub hereby grants to Customer during the Term a limited non-exclusive license to use the Software solely in connection with the Services and in accordance with this Agreement. This license is non-transferable (subject to Section 12.8), irrevocable (except as set forth in Section 7), non-sublicensable, and will be fully paid up upon Customer's payment of the Fees.
    6. Customer Domains. Prior to providing the Services TemplateHub may require Customer to verify that Customer owns or controls the Customer Domains. If Customer does not own or control the Customer Domains, then TemplateHub will have no obligation to provide Customer with the Services.
  2.  Customer Obligations.
    1. Customer Administration of the Services. Customer may specify End Users as Administrators through the Admin Console. Customer is responsible for maintaining the confidentiality of passwords and Admin Accounts and managing access to Admin Accounts. TemplateHub's responsibilities do not extend to the internal management or administration of the Services for Customer. The Customer acknowledges that, if the Customer purchases the Services through a reseller and designates any of the reseller's personnel as Administrators of the Customer's Services account, the reseller may be able to control account information, including Customer Data, and access the Customer's Services account as described above.
    2. Unauthorized Use or Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. End User Accounts may only be provisioned, registered, and used by a single End User. The Services are not intended for End Users under the age of 18. Customer will ensure that it does not allow any person under 18 to use the Services. Customer will promptly notify TemplateHub of any unauthorized use of or access to the Services.
    3. Restrictions. Customer will not: (a) sell, resell, or lease the Services or Software; (b) use the Services or Software for activities where use or failure of the Services or Software could lead to physical damage, death, or personal injury; (c) reverse engineer the Services or Software, or attempt or assist anyone else to do so, unless this restriction is prohibited by law; (d) use the Services or Software, including the export or re-export of Customer Data, in violation of Export Control Laws; or (e) establish a TemplateHub Business account as an individual for personal, family, or household purposes.
    4. Compliance. Customer and its End Users must use the Services in compliance with the Acceptable Use Policy. Customer is responsible for use of the Services by its End Users. Customer will comply with laws and regulations applicable to Customer's use of the Services. Customer will not take any action that would cause TemplateHub to violate EU Data Protection Laws, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.K. Bribery Act of 2010, or any other applicable anti-bribery, anti-corruption, or anti-money laundering law. Customer must satisfy itself that: (i) the Services are appropriate for its purposes, taking into account the nature of the Customer Data; and (ii) the technical and organizational requirements applicable to TemplateHub under EU Data Protection Laws are satisfied by the Security Measures and this Agreement. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in this Agreement and to allow TemplateHub to provide the Services. Customer will not store, transmit or otherwise process any information via the Services that falls within the definition of "Protected Health Information" under the HIPAA Privacy Rule (45 C.F.R. Section 164.051), unless Customer and TemplateHub separately enter into a HIPAA Business Associate Agreement, which may be done via the Admin Console.
    5. Third-Party Apps and Integrations. If Customer uses any third-party service or applications, such as a service that uses a TemplateHub API, with the Services: (a) TemplateHub will not be responsible for any act or omission of the third-party, including the third-party's access to or use of Customer Data; and (b) TemplateHub does not warrant or support any service provided by the third-party. Customer will comply with any API limits associated with the Services plan purchased by Customer.
    6. Third-Party Requests.
      1. Customer Responsibility. Customer is responsible for responding to Third-Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third-Party Requests and will contact TemplateHub only if it cannot comply with the Third-Party Request despite diligent efforts.
      2. TemplateHub Responsibility. TemplateHub will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third-Party Request, to: (i) promptly notify Customer of TemplateHub's receipt of a Third-Party Request; (ii) comply with Customer's commercially reasonable requests regarding its efforts to oppose a Third-Party Request; and (iii) provide Customer with information or tools required for Customer to respond to the Third-Party Request, if Customer is otherwise unable to respond to the Third-Party Request. If Customer fails to promptly respond to any Third-Party Request, then TemplateHub may, but will not be obligated to do so.
  3.  Payment.
    1. Fees. Customer will pay TemplateHub or Customer's reseller all applicable Fees for the Services, in the currency and pursuant to the payment terms indicated on the Order Form, or in the applicable agreement between Customer and Customer’s reseller. Customer authorizes TemplateHub, or Customer's reseller, to charge Customer for all applicable Fees using Customer's selected payment method, and Customer will issue the required purchasing documentation. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
    2. Payment. Customer will pay TemplateHub invoices on the payment interval set forth in the Order Form. TemplateHub may suspend or terminate the Services if Fees are past due. Customer will provide complete and accurate billing and contact information to TemplateHub or to Customer's reseller.
    3. Taxes. Fees are exclusive of taxes and Customer is responsible for all Taxes. TemplateHub, or Customer's reseller, will charge Taxes when required to do so. If Customer provides TemplateHub or its reseller with a valid exemption certificate, TemplateHub or the reseller will not collect the taxes covered by that certificate.
    4. Withholding Taxes. Customer will pay TemplateHub or its reseller net of any applicable Withholding Taxes. Customer and TemplateHub, or Customer's reseller as applicable, will work together to avoid any Withholding Tax if exemptions, or a reduced treaty withholding rate, are available. If TemplateHub or Customer's reseller qualifies for a tax exemption, or a reduced treaty withholding rate, TemplateHub or Customer's reseller will provide Customer with reasonable documentary proof. Customer will provide TemplateHub or Customer's reseller reasonable evidence that it has paid the relevant authority for the sum withheld or deducted.
    5. Auto-renewals and Trials. IF THE CUSTOMER'S ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND THE CUSTOMER HAS ALREADY PROVIDED A METHOD OF PAYMENT TO TemplateHub FOR THE SERVICES, TemplateHub (OR THE CUSTOMER'S RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS THE CUSTOMER NOTIFIES TemplateHub (OR THE CUSTOMER'S RESELLER, AS APPLICABLE) THAT THE CUSTOMER WANTS TO CANCEL OR DISABLE AUTO-RENEWAL. TemplateHub may revise Services rates by providing the Customer at least thirty days' notice prior to the next charge.
    6. Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer: (i) must provide the purchase order number at the time of purchase; and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If the Customer is purchasing via a reseller, any terms and conditions from the Customer's reseller or in a purchase order between the Customer and its reseller that conflict with the Agreement are null and void.
  4.  Suspension.
    1. Of End User Accounts by TemplateHub. If an End User: (a) violates this Agreement; or (b) uses the Services in a manner that TemplateHub reasonably believes will cause it liability, then TemplateHub may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then TemplateHub may do so.
    2. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then TemplateHub may automatically suspend use of the Services. TemplateHub will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
  5.  Intellectual Property Rights.
    1. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant: (a) TemplateHub any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services or TemplateHub trademarks and brand features.
    2. Limited Permission. Customer grants TemplateHub only the limited rights that are reasonably necessary for TemplateHub to provide the Services. This limited permission also extends to Subcontractors or Sub-processors.
    3. Suggestions. TemplateHub may use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions on the Services that Customer or End Users may send TemplateHub or post in TemplateHub's forums without any obligation to Customer.
  6.  Term.
    1. Agreement Term. This Agreement will remain in effect for the Term.
    2. Services Term. TemplateHub will provide the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, End User Accounts purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.
    3. Automatic Renewals. Unless otherwise specified on the Order Form, following the Initial Services Term or a Renewal Term, the subscription to the Services will automatically renew for a Renewal Term, unless either party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Services term. If Customer has provided a payment method to TemplateHub for recurring charges as provided in Section 3.5, Customer may elect to terminate the Agreement via the Admin Console prior to the day a Renewal Term begins.
  7.  Termination.
    1. Generally. Either Party may terminate this Agreement, including all Order Forms, if: (i) the other Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days. TemplateHub may terminate this Agreement and suspend Customer’s access to the Services if required to do so by law or for an egregious violation by Customer of the Acceptable Use Policy.
    2. Effects of Termination. If this Agreement terminates: (a) except as set forth in this Section, the rights and licenses granted by TemplateHub to Customer will cease immediately; (b) Customer may, prior to termination, request reasonable additional time to export its Stored Data, provided that TemplateHub may charge Customer for such extended access based on TemplateHub's then-current standard fees; and (c) TemplateHub will delete any End User Accounts and Stored Data relating to Customer’s account in a commercially reasonable period of time following receipt of an Administrator’s request to do so. TemplateHub may make instructions available to Customer regarding how to submit the Administrator request described in clause (c) of the previous sentence. The following sections will survive expiration or termination of this Agreement: 2.6 (Third-Party Requests), 3 (Payment), 5 (Intellectual Property Rights), 7.2 (Effects of Termination), 8 (Indemnification), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Disputes), and 12 (Miscellaneous). Notwithstanding the foregoing, Section 2.6 (Third-Party Requests) shall not survive termination if TemplateHub has exercised a right to terminate the Agreement.
  8.  Indemnification.
    1. By Customer. Customer will indemnify, defend, and hold harmless TemplateHub from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any Claim against TemplateHub and its Affiliates regarding: (a) Customer Data; (b) Customer Domains; or (c) Customer's, or Customer's End Users', use of the Services in violation of this Agreement.
    2. Possible Infringement. If TemplateHub believes the Services or Software infringe or may be alleged to infringe a third party's Intellectual Property Rights, then TemplateHub may: (a) obtain the right for Customer, at TemplateHub's expense, to continue using the Services or Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services or Software so that they no longer infringe. If TemplateHub does not believe the options described in this section are commercially reasonable, then TemplateHub may suspend or terminate Customer's use of the affected Services or Software, with a pro-rata refund of prepaid fees for the Services or Software.
    3. General. The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE TemplateHub AND CUSTOMER'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
  9.  Disclaimers.
    1. Generally. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR TemplateHub AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.
    2. Beta Services. Despite anything to the contrary in this Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (e) TemplateHub WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.
  10.  Limitation of Liability.
    1. Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR TemplateHub OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR TemplateHub AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    2. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, TemplateHub'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $100,000 OR THE AMOUNT PAID BY CUSTOMER TO TemplateHub HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  11.  Disputes.
    1. Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 12.6. If a dispute is not resolved within thirty days of notice, Customer or TemplateHub may bring a formal proceeding.
    2. Arbitration. Customer and TemplateHub agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing.
    3. Exception to Arbitration. Either Party may bring a lawsuit in the federal or state courts of Santa Clara County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and TemplateHub consent to venue and personal jurisdiction there.
    4. NO CLASS ACTIONS. Customer may only resolve disputes with TemplateHub on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
  12.  Miscellaneous.
    1. Terms Modification. TemplateHub may revise this Agreement from time to time and the most current version will always be posted on the TemplateHub website. Customer is responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within thirty days of receiving notice of the change.
    2. Entire Agreement. This Agreement supersedes any prior agreements or understandings between the Parties and constitutes the entire Agreement between the Parties related to this subject matter. All attachments to the Agreement, the Data Processing Agreement, Customer invoices, and Order Forms executed by the Parties, are hereby incorporated into the Agreement by this reference.
    3. Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Order Form, the Agreement. The terms and conditions of this Agreement will be considered the confidential information of TemplateHub, and Customer will not disclose the information to any third parties. Customer agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If End Users are required to click through terms of service in order to use the Services, those click through terms are subordinate to this Agreement and this Agreement will control if there is a conflict.
    4. Governing Law. THE AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
    5. Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
    6. Notice. Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to TemplateHub must be sent to TemplateHub Legal at legal@TemplateHub.IO, with a copy to Acrowit, Inc., 10225 Beardon Drive, #2 Cupertino, California 95014, United States or any addresses as we may later post on the Website.
    7. Waiver. A waiver of any default is not a waiver of any subsequent default.
    8. Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of TemplateHub. TemplateHub may not assign this Agreement without providing notice to Customer, except TemplateHub may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
    9. No Agency. TemplateHub and Customer are not legal partners or agents but are independent contractors.
    10. Force Majeure. Except for payment obligations, neither TemplateHub nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
    11. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer's End Users are not third-party beneficiaries to Customer's rights under this Agreement.
  13.  Definitions.
    • "Acceptable Use Policy" means the TemplateHub acceptable use policy set forth at the following link, or other link that TemplateHub may provide:  TemplateHub Acceptable Use Policy.
    • "Account Data" means the account and contact information submitted to the Services by Customer or End Users.
    • "Administrator" means the Customer-designated technical End User who administers the Services to End Users on Customer's behalf. Administrators may be able to access, disclose, restrict or remove Customer Data in or from End User Accounts. Administrators may also have the ability to monitor, restrict, or terminate access to End User Accounts.
    • "Admin Account" means the administrative account provided to Customer by TemplateHub for the purpose of administering the Services.
    • "Admin Console" means the online tool provided by TemplateHub to Customer for use in administering the Services.
    • "Affiliate" means any entity that controls, is controlled by or is under common control with a Party, where "control" means the ability to direct the management and policies of an entity.
    • "Beta Services" means services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
    • "Claim" means a claim by a third party, including a regulatory penalty.
    • "Customer Data" means Stored Data, Account Data, and messages, comments, structured data, photos, emails, campaigns, and other content submitted to the Services by Customer or End Users.
    • "Customer Domains" means Customer's Internet domain names.
    • "Data Processing Agreement" means the agreement with TemplateHub related to compliance with EU Data Protection Laws set forth at the following link: Sample Data Processing Agreement or other link that TemplateHub may provide.
    • "Effective Date" means the date this Agreement is accepted by Customer.
    • "End Users" means users of Customer's Services account. End Users may include Customer's and its Affiliate's employees and consultants.
    • "End User Account" means a TemplateHub hosted account established by Customer through the Services for an End User.
    • "EU Data Protection Laws" means, to the extent in force and applicable from time to time, those laws implementing EU Data Protection Directive (95/46/EC), and the EU General Data Protection Regulation (2016/679) and any implementing laws in each EU member state.
    • "EU-US Privacy Shield Program" means the EU-U.S. Privacy Shield Program framework and its principles as set forth by the US Department of Commerce and the European Commission regarding the collection, use, and retention of personal data from EU member states.
    • "EU Standard Contractual Clauses" means the EU Standard Contractual Clauses with TemplateHub, Inc. for the transfer of personal data to processors incorporated into the Data Processing Agreement.
    • "Excluded Features" means services or features provided that non-Beta features incorporated in the Services as of the Effective Date will not be transitioned to the Excluded Features list during the Term.
    • "Export Control Laws" means all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR<") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State.
    • "Fees" means the amounts invoiced to Customer by TemplateHub for the Services as described on the Order Form.
    • "Initial Services Term" means the term for the applicable Services beginning on the Provisioning Date and continuing for the duration set forth on the Order Form.
    • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
    • "Order Form" means the ordering document, or ordering page, for the Services.
    • "Personal Data, "Process," and "Processing"" have the meaning given to those terms in the EU Data Protection Laws.
    • "Provisioning Date" is the date upon which TemplateHub makes the Services available to Customer.
    • "Renewal Term" means, unless otherwise agreed to in writing by the Parties, the twelve-month renewal term following either the Initial Services Term, or a previous Renewal Term. Renewal Terms are set forth on the Order Form.
    • "Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services; or (ii) unauthorized third-party access to the Services.
    • "Security Measures" means the technical and organizational security measures described at TemplateHubSecurity or other link that TemplateHub may provide.
    • "Services" means the services ordered by Customer and provided by TemplateHub to Customer.
    • "Services Term" means the Initial Services Term and all Renewal Terms for the applicable Services.
    • "Software" means the client software provided as part of the Services.
    • "Stored Data" means the files uploaded to the Services using the Software by Customer or End Users.
    • "Subcontractor" means an entity to whom TemplateHub subcontracts any of its obligations under this Agreement.
    • "Sub-processor" means an entity who agrees to Process Customer Data on TemplateHub's behalf, or on behalf of another TemplateHub sub-processor, in order to provide the Services.
    • "Taxes" means any sales, use, value added, goods and services, consumption, excise, local stamp, or other tax, (including but not limited to ISS, CIDE, PIS, CONFINS), duty or other charge of any kind or nature excluding tax that is based on TemplateHub's net income, associated with the Services or Software, including any related penalties or interest.
    • "Term" means the term of the Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of the Services Term; or (ii) the Agreement is terminated as set forth herein.
    • "Third-Party Request" means a request from a third-party for records relating to an End User's use of the Services including information in or from an End User Account, or from Customer's Services account. Third-Party Requests may include valid search warrants, court orders, or subpoenas, requests from individuals, including End Users, to exercise their rights under EU Data Protection Laws, or any other request for which there is written consent from End Users, or an End User's authorized representative, permitting a disclosure.
    • "Withholding Taxes" mean any income taxes that are imposed on TemplateHub or Customer's reseller in which Customer is required by law to withhold or deduct on the payment to TemplateHub or Customer’s reseller.

 

Updated December 12, 2024

 

 

TemplateHub GDPR Compliance

 

Effective: December 12, 2024

 

General information

This page provides information about how your use of a TemplateHub Platform service relates to the EU’s General Data Protection Regulation, or GDPR (GDPR – Official page, GDPR – Wikipedia page).

The GDPR, or General Data Protection Regulation, is a European privacy law that went into effect in May of 2018. It regulates how personal data of individuals in the EU can be collected, used, and processed by businesses. The law impacts both European companies and businesses with European contacts.

TemplateHub Platform is a service of Acrowit, Inc. d/b/a/ TemplateHub, a Delaware corporation. Acrowit Inc. acts both as a data controller and data processor under the GDPR (for more information about data controllers & data processors, please click here). Specifically, below please find a description of how your and your customers’ personally identifiable information is handled when our services are used.

About Consent

You need to have a legal basis, like consent, to process an EU citizen's personal data. Under the GDPR, you may use another legal basis for processing personal data, but we anticipate that many TemplateHub users will rely on consent. This consent must be specific and verifiable.

Verifiable consent requires a written record of when and how someone agreed to let you process their personal data. Consent must also be unambiguous and involve a clear affirmative action. This means clear language and no pre-checked consent boxes.

About Individual Rights

The GDPR also outlines the rights of individuals around their personal data. EU citizens will have the right to ask for details about the way you use their personal data and can ask you to do certain things with that data. You should be prepared to support people's requests in a timely manner. People have the right to request their personal data be corrected, provided to them, prohibited for certain uses, or removed completely.

You should also be able to tell someone among other things, how their personal data is being used. If they ask, you’re obligated to share the personal data you hold on an individual or offer a way for them to access it.

What is TemplateHub doing to prepare?

We have modified many of our internal practices and policies, because we are committed to compliance with the GDPR. We've updated our Data Processing Agreement and our third-party vendor contracts to meet the GDPR's requirements.

We’re also in the process of building and releasing tools that will make it easier for our users to handle their customer’s data appropriately.

A. Infrastructure
The entire TemplateHub platform infrastructure is hosted on Microsoft Azure Data Centers in United States Of America, using multiple instances propagated inside multiple availability zones. The service has been built to scale and support a high number of concurrent sessions. Security of the hosting facilities is managed directly by Microsoft (see Microsoft Azure Security).

B. Security

Your data security and privacy are important to us. Please read our Security Policy and information security policies to give you confidence in how we secure the data entrusted to us.

 

C. How data is processed
When you use TemplateHub platform, we process as Data Controller of your Content and Campaigns. All personal data is handled according to the Privacy Policy and may be handled through the sub-processors listed here. Your Content and Campaigns handled through the sub-processors are handled according to Terms of Use and Privacy Policies of the sub-processors.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to TemplateHub in the course of using the Service (“Content” and “Campaign”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum (sample here).

 

TemplateHub is entrusted with data on millions of people, and we’re dedicated to keeping that information safe and secure. To ensure that we’re meeting the GDPR’s requirements (and empowering you to do the same), we’ve updated our Privacy Policy, Security, and third-party vendor contracts.

What can I do to prepare?

A. Collect Consent

Transparent data processing is mandatory, and it’s also an opportunity to strengthen your marketing relationships.

If you’re going to rely on consent to process the personal data of EU citizens, the GDPR says you must obtain specific consent from your contacts and clearly explain how you plan to use their personal data.

TemplateHub stores your forms and contact data in case you need it in the future. If someone signed up for your list through a TemplateHub hosted form, you can export that list and view information related to the signup. For additional evidence of consent, you may choose to turn on double opt-in.

If you rely on consent to process subscribers' personal data, double check whether the consent that you previously obtained meets the GDPR's standards. For example, check third-party integrations to be sure they don't automatically add people to your TemplateHub list without an opt-in checkbox that clearly states how you'll use that person's data. You should also review the terms associated with any TemplateHub add-ons or third-party integrations you use.

B. Understand Individual Rights

All TemplateHub users can access their TemplateHub lists to correct or update information upon the request of their subscribers. Your contacts can continue to update their own data, too, by contacting us or updating their preferences in any email they receive from you.

 

Updated December 12, 2024.

 

TemplateHub Sub-Processors

 

Last Updated: December 12, 2024

Acrowit, Inc. uses third-party sub-processors to assist in providing our services including applications we use to support our customers while using our services.

Acrowit, Inc. performs due diligence on the privacy and security standards of all sub-processors and requires each to commit to satisfy, at a minimum, those required of Acrowit, Inc. as a Data Processor.

We may share information with the following third-party sub-processors:

 

ENTITY

LOCATION

Microsoft

Washington, USA

Square, Inc.

California, USA

Stripe, Inc.

California, USA

Amazon

Washington, USA

SendGrid, Inc.

Colorado, USA

MailUp, Inc.

California, USA

Zendesk

California, USA

Google

California, USA

db-ip.com

Perros-Guirec, France

Updated December 12, 2024.

 

 

Customer EU Data Processing Addendum

 

This Data Processing Addendum ("DPA"), forms part of the Agreement between Acrowit, Inc. d/b/a WittyParrot ("WittyParrot") and ______________________________________________

("Customer") and shall be effective on the date both parties execute this DPA ("Effective Date"). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

 

1.                Definitions

 

"Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

 

"Agreement" means TemplateHub’s Terms of Use, which govern the provision of the Services to Customer, as such terms may be updated by TemplateHub from time to time.

 

"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.

 

"Customer Data" means any Personal Data that TemplateHub processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.

 

"Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.

 

"Data Controller" means an entity that determines the purposes and means of the processing of Personal Data.

 

"Data Processor" means an entity that processes Personal Data on behalf of a Data Controller.

 

"EU Data Protection Law" means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).

 

"EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.

 

"Group" means any and all Affiliates that are part of an entity's corporate group.

 

"Personal Data" means any information relating to an identified or identifiable natural person.

 

"Privacy Shield" means the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework self-certification program operated by the U.S. Department of Commerce and approved by the European Commission pursuant to Decision C(2016)4176 of 12 July 2016 and by the Swiss Federal Council on January 11, 2017 respectively.

"Privacy Shield Principles" means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision C(2016)4176 of 12 July 2016 (as may be amended, superseded or replaced).

 

"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.

 

"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.

 

"Services" means any product or service provided by TemplateHub to Customer pursuant to the Agreement.

 

"Sub-processor" means any Data Processor engaged by TemplateHub or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the TemplateHub Group.

 

2.                Relationship with the Agreement

 

2.1        The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.

 

2.2        Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

 

2.3        Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.

 

2.4        Any claims against TemplateHub or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by TemplateHub in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce TemplateHub’s liability under the Agreement as if it were liability to the Customer under the Agreement.

 

2.5        No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.

 

2.6        This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

 

3.                Scope and Applicability of this DPA

 

3.1        This DPA applies where and only to the extent that TemplateHub processes Customer Data that originates from the EEA and/or that is otherwise subject to EU Data Protection Law on behalf of Customer as Data Processor in the course of providing Services pursuant to the Agreement.

 

3.2        Part A (being Section 4 – 8 (inclusive) of this DPA, as well as Annexes A and B of this DPA) shall apply to the processing of Customer Data within the scope of this DPA from the Effective Date

3.3       Part B (being Sections 9-12 (inclusive) of this DPA) shall apply to the processing of Customer Data within the scope of the DPA from and including 25th May 2018. For the avoidance of doubt, Part B shall apply in addition to, and not in substitution for, the terms in Part A.

 

Part A: General Data Protection Obligations

 

4.                Roles and Scope of Processing

 

4.1        Role of the Parties. As between TemplateHub and Customer, Customer is the Data Controller of Customer Data, and TemplateHub shall process Customer Data only as a Data Processor acting on behalf of Customer.

 

4.2        Customer Processing of Customer Data. Customer agrees that (i) it shall comply with its obligations as a Data Controller under Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to TemplateHub; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for TemplateHub to process Customer Data and provide the Services pursuant to the Agreement and this DPA.

 

4.3        TemplateHub Processing of Customer Data. TemplateHub shall process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to TemplateHub in relation to the processing of Customer Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and TemplateHub.

 

4.4        Details of Data Processing

 

(a)              Subject matter: The subject matter of the data processing under this DPA is the Customer Data.

 

(b)              Duration: As between TemplateHub and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.

 

(c)               Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of TemplateHub's obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.

 

(d)              Nature of the processing: TemplateHub provides content storing, sharing and an email service, automation platform and other related services, as described in the Terms of Service Agreement.

 

(e)              Categories of data subjects: Any individual accessing and/or using the Services through

 

the Customer's account ("Users"); and any individual: (i) whose email address is included in the Customer's Distribution List; (ii) whose information is stored on or collected via the Services, or (iii) to whom Users send content, emails or otherwise engage or communicate with via the Services (collectively, "Subscribers").

 

(f)               Types of Customer Data:

 

(i)               Customer and Users: identification and contact data (name, address, title, contact details, username); financial information (credit card details, account details, payment information); employment details (employer, job title, geographic location, area of responsibility);

(ii)              Subscribers: identification and contact data (name, date of birth, gender, general, occupation or other demographic information, address, title, contact details, including email address), personal interests or preferences (including purchase history, marketing preferences and publicly available social media profile information); IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data); financial information (credit card details, account details, payment information).

 

4.5        Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that TemplateHub shall have a right to use and disclose data relating to the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered Personal Data under Data Protection Laws, TemplateHub is the Data Controller of such data and accordingly shall process such data in accordance with the TemplateHub Privacy Policy and Data Protection Laws.

 

4.6        Tracking Technologies. Customer acknowledges that in connection with the performance of the Services, TemplateHub employs the use of cookies, unique identifiers, web beacons, links and similar tracking technologies ("Tracking Technologies"). Customer shall maintain appropriate notice, consent, opt-in and opt-out mechanisms as are required by Data Protection Laws to enable TemplateHub to deploy Tracking Technologies lawfully on, and collect data from, the devices of Subscribers (defined below) in accordance with and as described in the TemplateHub Cookie Statement.

 

5.                Sub-processing

 

5.1         Authorized Sub-processor. Customer agrees that TemplateHub may engage Sub-processors to process Customer Data on Customer's behalf. The Sub-processors currently engaged by TemplateHub and authorized by Customer are listed in Annex A.

 

5.2        Sub-processor Obligations. TemplateHub shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause TemplateHub to breach any of its obligations under this DPA.

 

6.                Security

 

6.1        Security Measures. TemplateHub shall implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of the Customer Data, in accordance with TemplateHub's security standards described in Annex B ("Security Measures").

 

6.2        Updates to Security Measures. Customer is responsible for reviewing the information made available by TemplateHub relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that TemplateHub may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

 

6.3         Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.

 

7.                Security Reports and Audits

 

7.1        Customer acknowledges that TemplateHub is regularly audited against SSAE 16 and PCI standards by independent third-party auditors and internal auditors, respectively. Upon request, TemplateHub shall supply (on a confidential basis) a summary copy of its audit report(s) ("Report") to Customer, so that Customer can verify TemplateHub's compliance with the audit standards against which it has been assessed, and this DPA.

 

7.2        TemplateHub shall also provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires that are necessary to confirm TemplateHub's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.

 

8.                International Transfers

 

8.1        Data center locations. TemplateHub may transfer and process Customer Data anywhere in the world where TemplateHub, its Affiliates or its Sub-processors maintain data processing operations. TemplateHub shall at all times provide an adequate level of protection for the Customer Data processed, in accordance with the requirements of Data Protection Laws.

 

8.2        Privacy Shield. To the extent that TemplateHub processes any Customer Data protected by EU Data Protection Law under the Agreement and/or that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties acknowledge that TemplateHub shall be deemed to provide adequate protection (within the meaning of EU Data Protection Law) for any such Customer Data by virtue of having self-certified its compliance. If TemplateHub is unable to comply with this requirement, TemplateHub shall inform Customer.

 

8.3        Alternative Transfer Mechanism. The parties agree that the data export solution identified in Section 8.2 shall not apply if and to the extent that TemplateHub adopts an alternative data export solution for the lawful transfer of Personal Data (as recognized under EU Data Protection Laws) outside of the EEA (“Alternative Transfer Mechanism”), in which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).

 

Part B: GDPR Obligations from 25 May 2018

 

9.                Additional Security

 

9.1        Confidentiality of processing. TemplateHub shall ensure that any person who is authorized by TemplateHub to process Customer Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

 

9.2        Security Incident Response. Upon becoming aware of a Security Incident, TemplateHub shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.

 

10.             Changes to Sub-processors

 

10.1      TemplateHub shall (i) provide an up-to-date list of the Sub-processors it has appointed upon written request from Customer; and (ii) notify Customer (for which email shall suffice) if it adds or removes Sub-processors at least 10 days prior to any such changes.

 

10.2     Customer may object in writing to TemplateHub’s appointment of a new Sub-processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving resolution. If this is not possible, Customer may suspend or terminate the Agreement (without prejudice to any fees incurred by Customer prior to suspension or termination).

 

11.             Return or Deletion of Data

 

11.1      Upon termination or expiration of the Agreement, TemplateHub shall (at Customer's election) delete or return to Customer all Customer Data (including copies) in its possession or control, save that this requirement shall not apply to the extent TemplateHub is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data TemplateHub shall securely isolate and protect from any further processing, except to the extent required by applicable law.

 

12.             Cooperation

 

12.1      The Services provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, TemplateHub shall (at Customer's expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to TemplateHub, TemplateHub shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If TemplateHub is required to respond to such a request, TemplateHub shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

 

12.2      If a law enforcement agency sends TemplateHub a demand for Customer Data (for example, through a subpoena or court order), TemplateHub shall attempt to redirect the law enforcement agency to request that data directly from Customer. As part of this effort, TemplateHub may provide Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then TemplateHub shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless TemplateHub is legally prohibited from doing so.

 

12.3      To the extent TemplateHub is required under EU Data Protection Law, TemplateHub shall (at Customer's expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law

 

             IN WITNESS WHEREOF, the parties have caused this DPA to be executed by their authorized representative:

 

 

 

 

 

 

 

 

Acrowit, Inc. d/b/a WittyParrot                                    Customer

 

 

By:                                                                             By:

 

Name:                                                                        Name:

 

Title:                                                                          Title:

 

Date:                                                                          Date:

Annex A - List of TemplateHub Sub-processors

 

TemplateHub uses its Affiliates and a range of third-party Sub-processors to assist it in providing the Services (as described in the Agreement). These Sub-processors set out below provide cloud hosting and storage services; content delivery and review services; assist in providing customer support; as well as incident tracking, response, diagnosis and resolution services.

 

ENTITY

LOCATION

Microsoft

Washington, USA

Square, Inc.

California, USA

Stripe, Inc.

California, USA

Amazon

Washington, USA

SendGrid, Inc.

Colorado, USA

MailUp, Inc.

California, USA

Zendesk

California, USA

Google

California, USA

db-ip.com

Perros-Guirec, France

 

 

 

 

Annex B – Security Measures

 

The Security Measures applicable to the Services are described here URL (as updated from time to time in accordance with Section 6.2 of this DPA).

TemplateHub Sub-Processors

 

Last Updated: December 12, 2024

Acrowit, Inc. uses third-party sub-processors to assist in providing our services including applications we use to support our customers while using our services.

Acrowit, Inc. performs due diligence on the privacy and security standards of all sub-processors and requires each to commit to satisfy, at a minimum, those required of Acrowit, Inc. as a Data Processor.

We may share information with the following third-party sub-processors:

 

ENTITY

LOCATION

Microsoft

Washington, USA

Square, Inc.

California, USA

Stripe, Inc.

California, USA

Amazon

Washington, USA

SendGrid, Inc.

Colorado, USA

MailUp, Inc.

California, USA

Zendesk

California, USA

Google

California, USA

Updated December 12, 2024.

 

 

TemplateHub Security

 

Effective: December 12, 2024

 

As a company that takes data security and privacy very seriously, we recognize that TemplateHub’s information security practices are important to you. While we don’t like to expose too much detail around our practices (as it can empower the very people, we are protecting ourselves against), we have provided some general information below to give you confidence in how we secure the data entrusted to us.

 

Data Center Security

Protection from Data Loss, Corruption

Application Level Security

Internal IT Security

Internal Protocol and Education

SOC II Compliant PCI DSS Certification

 

TemplateHub's credit card processing vendor, Square and Stripe, uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives.

 

Protecting Ourselves Against You

Yes, you heard that correctly. We can secure ourselves like Fort Knox, but if your computer gets compromised and someone gets into your TemplateHub account, that's not good for either of us.

Responsible Disclosure

 

If you’ve discovered a vulnerability in the TemplateHub application, please don’t share it publicly. Instead, please submit a report to legal@TemplateHub.IO. We review all security concerns brought to our attention, and we take a proactive approach to emerging security issues. Every day, new security issues and attack vectors are created. TemplateHub strives to stay on top of the latest security developments both internally and by working with external security researchers and companies. We appreciate the community’s efforts in creating a more secure web.

 

Updated December 12, 2024.

 

TemplateHub Acceptable Use Policy

 

Effective: December 12, 2024

 

We’re in this thing together. The actions individual members take can have a big impact on our system as a whole. That’s why all TemplateHub users must follow this Acceptable Use Policy in their use of TemplateHub and any other TemplateHub products or add-ons. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms of Service where we see behavior, content, campaigns or other factors that poses a threat to our system.

Prohibited Content

Please don’t use TemplateHub to store, share or send anything offensive, to promote anything illegal, or to harass anyone. You may not store, share or send:

Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:

Also, we cannot allow businesses involved in any aspect of the sale, transaction, exchange, storage, marketing or production of cryptocurrencies, virtual currencies, and any digital assets related to an Initial Coin Offering, to use TemplateHub to facilitate or support any of those activities.

Sending Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:

Prohibited Actions

We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:

Thanks for taking the time to read our Acceptable Use Policy.

Updated December 12, 2024