Additional Terms of Use

Certain features within Spoke have additional terms or restrictions (“Additional Terms”) associated with them. Additional Terms for each of the add-ons can be found below, and Spoke Members agree to the applicable Additional Terms at the time they choose to us the corresponding feature.

Additional Terms of Use for Connected Sites

These Additional Terms apply to any Spoke account that has a website (“Connected Site” or “Site”) connected to their Spoke account.

Please read these Additional Terms carefully before adding, connecting, or reconnecting a Connected Site. By continuing to use the Spoke application and to connect your Site to Spoke you are agreeing to these Additional Terms.

When you connect your Site with Spoke, you agree that Spoke may automatically install a JavaScript tracking snippet on your Site and or request you to install the snippet at the time of connection and/or reconnection. This snippet is necessary to enable several of Spoke’s powerful automations and advertising features. Some of these automations and features work by allowing you to track the activity of your subscribed contacts’ on your Site through the use of cookies or similar technologies, such as pixels. The JavaScript snippet will allow cookies, pixels, and other technologies to be set by your Connected Site, giving you full access to the automations, features, and functionality offered by Spoke. The specific cookies, pixels, or other technologies that will be set on your Site will depend on the particular automations and features within Spoke that you choose to use.

It is your responsibility to understand how your use of the available automations and features will impact your Connected Site, including whether a particular automation or feature will cause your Connected Site to deploy any tracking technologies. You can visit Spoke’s Cookie Statement at any time for a description of the cookies and tracking technologies that can be employed by a Spoke user through the use of Spoke (see the Section entitled “Cookies served through the Services”).

If you choose to enable automations or features that rely on the JavaScript snippet once your Site is connected, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, pixels, and other similar technologies, and to transfer information related to this tracking to Spoke, and (2) your Site adequately discloses your tracking practices and use of cookies, pixels, and similar technologies in a Privacy Policy, Cookie Statement, or other disclosure.

In addition to the above, you also understand and agree:

  1. Spoke may modify, change, or discontinue the ability to integrate Connected Sites with your Spoke account at any time.
  2. Spoke may refuse service or limit, suspend, or terminate your use of Connected Sites integrations at any time, with or without cause.
  3. You may discontinue your use of Connected Site integrations at any time by disconnecting your Site from your Spoke account and removing the Spoke integration from your Site. When you disconnect your Site from your Spoke account, any information obtained by the cookies, pixels, or similar technologies set by the Javascript tracking snippet on your Site will no longer be received by Spoke.
  4. Spoke may modify or change these Additional Terms from time-to-time. When we change these Additional Terms, we will post the revised Additional Terms here (spokeapp.io/legal/additional-terms). For this reason, you should review these Additional Terms often. Any changes will be effective immediately and will apply to your continued use of Connected Site integrations with your Spoke account.
  5. To continue enabling the automations and features that you have chosen to turn on, Spoke may need to modify or change the code within the JavaScript snippet installed on your Site in the future. These modifications or changes may cause your Site to deploy additional tracking technologies, or result in the deletion of cookies, pixels, or similar technologies being set by your Site.

These Additional Terms do not replace Spoke’s standard terms of use (including our Privacy Policy), and the standard terms of use continue to apply once you have connected your Site to your Spoke account. The ability to connect a Site is considered part of the Services offered by Spoke.

Effective 24 February 2019

Additional Terms of Use for Facebook and Instagram Ad Buying Through Spoke.

Introduction

Welcome to Facebook and Instagram Ad Buying Through Spoke. Ad Buying Through Spoke allows you quickly and easily to create, purchase, and manage Facebook and Instagram advertisements from within your Spoke account (collectively, the “Ad Buying Feature”).

Please read these Additional Terms carefully. This is a legal agreement, by continuing to use the Spoke application and the Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Ad Buying Feature. These Additional Terms do not replace Spoke’s standard terms of use (including our Privacy Policy), and the standard terms of use also apply to your use of the Ad Buying Feature. The Ad Buying Feature is part of the Services and your use of the Ad Buying Feature is considered part of your use of Spoke. If you have questions about any of our terms, feel free to contact us.

Unless expressly stated otherwise, the capitalized words in this document mean the same thing as they do in our standard terms of use.

Part A: Important Things for You to Know

  1. Spoke may modify the Ad Buying Feature or discontinue its availability at any time.
  2. Spoke may refuse service or limit, suspend, or terminate your access to the Ad Buying Feature at any time, with or without cause.
  3. You may discontinue your use of the Ad Buying Feature at any time.
  4. Spoke may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Ad Buying Feature.
  5. The Ad Buying Feature allows you to create, purchase, and manage Facebook and Instagram ads from your Spoke account. By using the Ad Buying Feature, you also agree to comply with Facebook’s Advertising Policies, Terms of Service, and Commercial Terms.
  6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.
  7. Facebook and Instagram are not affiliates, partners, agents, or representatives of Spoke. You understand and agree that Spoke is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Facebook or Instagram.

Part B: Advertising Review and Compliance

Your use of the Ad Buying Feature, including the content of any ads you might create, is subject to review by both Facebook and Spoke and you agree to comply with the terms and policies of both companies.

If you do not comply with both Facebook’s Terms (including the Facebook Advertising Policies) and Spoke’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Facebook or Spoke; (2) we might, in our sole discretion, revoke your ability to use the Ad Buying Feature; and/or (3) we might suspend or terminate your Spoke account.

Part C: Transfer of Data to Facebook

Certain options within the Ad Buying Feature, such as the custom audience option, allow you to pass data to Facebook. The data that may be transferred through use of the Ad Buying Feature consists of hashed values of email addresses. Only those emails addresses you expressly select will be hashed and passed to Facebook.

If you choose to pass hashed value data to Facebook, you represent and warrant that you have the right to use the data in such a manner and that you have secured permission from any individuals whose data will be hashed to transfer the data to Facebook. You further acknowledge and agree that you are the party transferring data to Facebook and that such data is being passed directly from you to Facebook.

PART D: Retargeting Pixel

To use the Ad Buying Feature, your website must be connected to your Spoke account (a “Connected Site” or “Site”). When you agree to these terms (1) a Facebook remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Ad Buying Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Facebook or Instagram and enable Spoke to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to Spoke.

Part E: Payment Terms

When creating an advertising campaign through the Ad Buying Feature, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety. Ads will then be placed by Facebook on your behalf according to the criteria you select using the Ad Buying Feature until your maximum budget is reached. If you violate these Additional Terms, Spoke’s standard [Terms of Use], or the Facebook Advertising Policies you will not receive a refund for any purchases you made through the Ad Buying Feature.

Effective 7 February 2019

Facebook Custom Audience Terms

Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by passing to Facebook the Hashed Data, or using custom audiences for advertising, you agree to the following:

  1. You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.
  2. If you are providing Hashed Data on behalf of an advertiser, you represent and warrant that you have the authority as agent to the advertiser to disclose and use such data on their behalf and will bind the advertiser to these terms.
  3. You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.
  4. You instruct Facebook to use the Hashed Data for the matching process in accordance with Facebook’s Advertising Policies, Terms of Service, and Commercial Terms.
  5. You may not use the custom audiences feature unless you are an advertiser (or an agency acting on behalf of an advertiser), Ads API or Custom Audiences API partner, a data partner uploading an audience on behalf of that advertiser, or have obtained express, written permission from Facebook.
  6. You may not sell or transfer your custom audiences, or authorise any third party to sell or transfer custom audiences. If you have entered into an independent agreement with a partner for licensing marketing information, you may use the custom audiences tools and sharing functionality to create and provide custom audiences for advertising based on that information, subject to the requirements of these terms and applicable law.
  7. A note to EU and Swiss data controllers: To the extent the Hashed Data contains personal data relating to an individual who resides in the European Union or Switzerland, the parties acknowledge and agree that for purposes of creating the custom audiences, as described above, that you are the data controller in respect of such personal data, and you have instructed Facebook Ireland Limited to process such personal data on your behalf as your data processor pursuant to these terms and Facebook’s Data Processing Terms, which are incorporated herein by reference. “Personal data,” “data controller,” and “data processor” in this paragraph have the meanings set out in the General Data Protection Regulation (Regulation (EU) 2016/679).

These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Policies at https://www.facebook.com/policies/ads), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is a Facebook Product under Facebook’s Terms of Service (https://www.facebook.com/legal/terms, the “Terms”). In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. You acknowledge that Facebook may monitor or audit your compliance with these terms and to update these terms from time to time.

Effective 7 February 2019

Additional Terms of Use for Google Web Remarketing Ads Through Spoke

Introduction

Welcome to Google Ads Through Spoke. With Google Ads Through Spoke you can quickly and easily create, purchase, and manage advertisements on the Google Display Network, such as web retargeting ads, from within your Spoke account (referred to as the “Google Ad Buying Feature” throughout these Additional Terms).

Please read these Additional Terms carefully. This is a legal agreement, and By continuing to use the Spoke application and using the Google Ad Buying Feature you are agreeing to these Additional Terms. These Additional Terms apply to your use of the Google Ad Buying Feature. These Additional Terms do not replace Spoke’s standard [terms of use] (including our Privacy Policy), and the standard [terms of use] also apply to your use of the Google Ad Buying Feature. The Google Ad Buying Feature is part of the Services and your use of the Google Ad Buying Feature is considered part of your use of Spoke. If you have questions about any of our terms, feel free to [contact us].

Unless expressly stated otherwise, the capitalised words in this document mean the same thing as they do in our standard [terms of use].

Part A: Important Things for You to Know

  1. Spoke may modify the Google Ad Buying Feature or discontinue its availability at any time.
  2. Spoke may refuse service or limit, suspend, or terminate your access to the Google Ad Buying Feature at any time, with or without cause.
  3. You may discontinue your use of the Google Ad Buying Feature at any time.
  4. Spoke may modify or change these Additional Terms from time-to-time. If we modify or change these Additional Terms, we will provide you notice of the fact that the Additional Terms have changed. Any modifications or changes will be effective immediately and apply to your continued use of the Google Ad Buying Feature.
  5. The Google Ad Buying Feature allows you to create, purchase, and manage advertisements on the Google Display Network from your Spoke account. By using the Google Ad Buying Feature, you also agree to comply with all of Google’s advertising terms (www.google.com/ads/terms) and policies (www.google.com/ads/policies), as those may be modified or changed from time-to-time.
  6. You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including the Google Ad Buying Feature, are suitable for you in light of such laws, rules, and regulations.
  7. Spoke and Google are independent third parties and are not affiliates, partners, agents, or representatives of one another. You understand and agree that Spoke is an independent party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, including decisions regarding your advertisements on the Google Display Network.

Part B: Advertising Review and Compliance

Your use of the Google Ad Buying Feature, including the content of any ads you might create, is subject to review by both Google and Spoke and you agree to comply with the terms and policies of both companies.

If you do not comply with both Google’s advertising terms and policies and Spoke’s Terms, any of the following actions may be taken: (1) your ad might be rejected by Google or Spoke, or placement of your ad may be delayed; (2) we might, in our sole discretion, revoke your ability to use the Google Ad Buying Feature; and/or (3) we might suspend or terminate your Spoke account.

Part C: Creation of Google AdWords Account and Connected Site Required

When you choose to use the Google Ad Buying Feature, Spoke creates a Google AdWords account on your behalf so your ads can be published on the Google Display Network. You may request additional information from Spoke regarding your Google AdWords account at any time.

Spoke offers the Google Ad Buying Feature as a third party and is unaffiliated with Google. For more information about working with a third party to advertise on the Google Display Network, please review the Working with a third party disclosure notice published by Google.

To use the Google Ad Buying Feature, your website must be connected to your Spoke account (a “Connected Site” or “Site”). When you agree to these terms (1) a Google remarketing pixel will automatically be installed on your Site, and (2) code will be deployed that will allow your Site to set a cookie that will recognize those who visit your Site via ads placed with the Google Ad Buying Feature. These tracking technologies facilitate the placement of your advertising campaigns on the Google Display Network and enable Spoke to provide reporting to you about the performance of your advertising campaigns. You represent and warrant that your Connected Site adequately discloses the use of tracking technologies, such as cookies and pixels, used by your Site in a Privacy Policy, Cookie Statement, or other disclosure and informs visitors to your Site that information collected by these technologies may be transferred to Spoke.

By using the Google Ad Buying Feature, you are giving Spoke permission to install the necessary cookie and Google remarketing pixel on your Connected Site and to create a Google AdWords account for you.

Part D: Payment Terms

When creating an advertising campaign through the Google Ad Buying Feature, you will be asked to select a budget for your advertising campaign. You agree to pay the amount chosen as your budget in advance, and your credit card will be charged up front for the amount of your budget (or for recurring campaigns, your weekly budget) in its entirety. Your advertising campaign will then be placed by Google according to the criteria you select using the Google Ad Buying Feature. Your advertising campaign will run for the duration specified, or for a recurring campaign, indefinitely until you pause or cancel your ad, and your credit card will continue to be charged on a weekly basis for the amount you selected as your periodic budget.

You may adjust the budget for a recurring campaign or cancel a recurring ad: the adjustment or cancellation will take effect from the end of the then current campaign period and you will be charged the new budgeted amount or, in case of cancellation, not be charged again.

Effective 24 February 2019

Additional Terms of Use for Landing Pages Cookies, Pixels & Tracking Technologies

Please read these Additional Terms carefully before setting any cookies, pixels or other tracking technologies (collectively, “cookies”) on your landing page(s). By continuing to use the Spoke application and setting cookies on your landing page(s) you are agreeing to these Additional Terms. You can choose to set cookies on the landing pages that you create. If you choose to set any cookies, it is your responsibility to understand how your use of those cookies will impact your landing page. You can visit Spoke’s [cookie statement] at any time for a general description of the cookies that can be employed by a Spoke user through the use of Spoke (see the Section entitled “Cookies served through the Services”). By using the landing pages feature, you agree that Spoke will automatically install a JavaScript tracking snippet on your landing page in order to allow those cookies to be set on your landing page.

You are responsible for understanding and complying with all applicable laws, rules, and regulations and determining whether our Services, including landing pages, are suitable for you in light of such laws, rules, and regulations. If you choose to set cookies on your landing page, you represent and warrant that (1) you have permission from your subscribed contacts to track activity via cookies, and to transfer information related to this tracking to Spoke, and (2) your landing page adequately discloses your tracking practices and use of cookies in a privacy policy, cookie statement, or other disclosure.

These Additional Terms do not replace Spoke’s standard [terms of use] (including our Privacy Policy, API Guidelines), and the standard [terms of use] continue to apply once you have created a landing page. The ability to create a landing page is considered part of the Services offered by Spoke (as defined in our standard [terms of use]).

Effective 24 February 2019

Additional Terms of Use for Landing Pages Templates

Please read these Additional Terms carefully before using any landing pages templates (“Templates”). By continuing to use the Spoke application and using Templates you are agreeing to these Additional Terms.

Certain of these Templates contain images that Spoke has obtained from [stock image sites] (“Stock Images”) pursuant to public licenses, which can be found [license references]. [stock image sites] are not affiliates, partners, agents, or representatives of Spoke. Spoke does not own these Stock Images and does not make any guarantees, representations or warranties of any kind to you regarding the ownership or content of, or your rights to use, any Stock Images. You are solely responsible for your use of Stock Images on Templates and any losses or liabilities associated with that use. By using Templates, you agree to comply with all of [stock image sites] terms and conditions, which can be found [license references], including any restrictions on use contained therein. You also agree to indemnify and hold Spoke harmless from and against any and all claims, liabilities or losses, including all legal fees and expenses, arising out of or that otherwise result from your use of any Stock Images on Templates, including any claim of violation or infringement, or actual violation or infringement, of third party rights (such as intellectual property rights).

These Additional Terms do not replace Spoke’s standard [terms of use] (including our Privacy Policy, API Guidelines), and the standard [terms of use] continue to apply to your use of Templates. The ability to create a landing page and use Templates is considered part of the Service offered by Spoke (as defined in our standard [terms of use]).

Effective 24 February 2019