Terms of Service

The present document “Terms of Service for the LUCIDPLUS  Service” (hereinafter referred to as “Terms”), consists of terms governing the relationship between LUCIDPLUS IT Solutions LLP(hereinafter referred to as “LUCIDPLUS  service,” “LUCIDPLUS,” “The Service”) and the customer of the service (hereinafter “customer,” “user,” “you,” “member”).

1. Basic provisions

LUCIDPLUS provides the user with services for LUCIDPLUS  service according to the terms set out in the present document.

Use of the LUCIDPLUS service is governed by these Terms of Service and Privacy Policy. The LUCIDPLUS  Terms of Service can be corrected or supplemented by the administration without notifying users, and the changes enter into force from the moment that the document is placed on the company’s official website.

By accessing or using the Service in any way, you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way, you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny your use of LUCIDPLUS.

1.1. Services provided

LUCIDPLUS  provides the user access to specialized services, including a service for email, SMS, Viber, chatbot campaigns for Facebook, Viber, Telegram, Instagram, and WhatsApp, SMTP service as well as LUCIDPLUS  Landing Pages service for creating websites/landings, and a CRM system for managing sales processes and communication channels.

The user has access to the following actions and documents:

• Account registration for the chosen service with the possibility of changing the billing plan or deleting the account if necessary.
• The right to technical support.
• Access to learning materials (LUCIDPLUS  Internet Marketing Academy).
• The possibility of ordering additional services at an additional charge.
• A guarantee that the user’s personal information, as well as information on mailing lists uploaded to the customer account, will be kept confidential.

1.2.  User registration

By “account,” the user’s account on his/her personal Dashboard on LUCIDPLUS  is meant. Registration is carried out using the link provided on the official website.

During registration, the user fills in the required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use for entering his/her account. The user is not allowed to give his/her username and password to a third party. The user bears full responsibility for the safety of his/her username and password.

All personal information is subject to LUCIDPLUS  Terms of Service and Privacy Policy and can be used by employees of the Service to contact the user according to the Privacy Policy.

The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be deprived of the use of the service. Employees of the Service have the right to demand that the client confirm his/her personal information in order to determine its validity.

Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the Service features.

1.3.  Payment for services

After going through the registration process, every customer of the LUCIDPLUS  service becomes a user of the free plan provided by the Service. You can remain a user of the free plan if you accept the conditions and the limit on the number of emails that can be sent. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.

The Service provides a set of billing plans. The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.

Payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:

• The user makes his/her order on the official website of LUCIDPLUS  or in his/her account on the Service (Dashboard).
• The administration of the Service will send the user a bill for payment. In the event that the user does not pay the bill within the designated period, it may be canceled.
• Payment must be made solely through an integrated online payment gateway.
• After payment, the funds will appear on the user’s account within 60 minutes (for electronic payments). If payment has been made for additional services, these, too, will be available to the user after receipt of payment.

If you pay any monthly subscription, automatic renewal of the subscription is activated. A user can disable it on their own in their personal account.

2. The user’s account

2.1.  Account creation

After going through the registration process (section 1.2), an account is automatically created for the user. All actions regarding emails, billing plans, and payments shall, from this moment, be carried out through the account.

2.2.  Personal account information

When registering, the user provides a personal email address which will be used as a username, and a personal password for accessing the Service. This information is strictly confidential, kept in an encrypted form, and will not be transmitted to third parties.

The Service additionally asks that the user fill in an expanded form with personal data that the customer can use when working with emails (“variable substitution”). Data provided in filling out this form is also subject to the Privacy Policy.

2.3. Account management

Sending out emails, viewing statistics, changing the billing plan, verifying email addresses, and creating campaign templates — all of these actions are carried out by the user in his/her account. The user also uploads the addresses and phone numbers of campaign recipients to his/her account to create address books. All uploaded email addresses, and phone numbers are considered the property of the user and are confidential information that is protected by the Privacy Policy of the LUCIDPLUS service. 

The administration of the Service has the right to track user activity and, in the event that the user is suspected of sending spam, to temporarily block the account. All administration actions are governed by the Anti-Spam Policy, which the user consents to during account registration.

2.4.  Account deletion

The user has the right to, at any time, request the deletion of his/her account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund. When making its decision, the LUCIDPLUS  service is governed by its Anti-Spam Policy.

The company will not refund money to users blocked for violating the Anti-Spam Policy. 

3. Marketing campaigns

LUCIDPLUS provides a service for email, SMS, Viber, chatbot campaigns for Facebook, Telegram, and WhatsApp, SMTP service, email verifier service, as well as LUCIDPLUS Landing Pages service for creating websites/landings, and a CRM system for managing sales processes and communication channels. The user has access to the service through his/her customer account (Dashboard).

3.1. Creating marketing campaigns

Campaigns include communications that have been drawn up, lists of addresses and phone numbers, and the process of sending campaigns to subscribers. The user creates himself/herself the template for these communications by choosing options provided by the Service, uploading images, and writing texts.

The user bears full responsibility for the context of mailings, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.

3.2. Mailing lists

A user of the LUCIDPLUS  service has the right to send communications only to such people who have expressed their consent to receiving communications from him/her. The recipients’ consent must be received by the user personally. Upon the request of the Service administration, the user must provide corresponding proof of recipients’ consent.

Before sending email campaigns, the user can use the LUCIDPLUS  verification service (hereinafter “email verifier”) to verify mailing lists and find and filter invalid and non-existent email addresses. This service is developed for informational purposes only, and LUCIDPLUS  is not responsible and doesn’t guarantee the complete accuracy of information received as a result of email verification.

Email address verification increases the chances of passing moderation when sending email campaigns, but it does not guarantee it because the sender should also comply with other requirements of the Anti-Spam Policy.

The service does not allow sending messages to email addresses that have been assigned the “invalid” status after validation.

The user shall guarantee subscribers the ability to opt out of any further communications (through the presence of an unsubscribe link in the email) and shall also be obliged to enter into the unsubscribers list or remove from the list contact details the owners of which have expressed their desire to opt out of emails.

Use of illegally obtained subscriber bases and distributing spam through the LUCIDPLUS  service is strictly prohibited.

3.3.  Sending marketing campaigns

An email, SMS, Viber or chatbot campaign for Facebook, Telegram, and WhatsApp created by the user is scheduled for sending through the Service. Each campaign is queued for sending and passes through a moderation process.

Moderation consists of a check of emails carried out by Service employees to ensure that the subscriber base is real (should it be suspected that the recipients did not agree to receive mailings) and that the content of the emails corresponds to all rules and regulations of the Anti-Spam Policy.

The time for moderation and sending of emails shall take a maximum of 24 hours.

In the event that an email did not pass the Service’s moderation, this will be communicated to the user, and measures will be taken to remove the grounds for refusing to send, or the user’s account will be blocked until the circumstances are ascertained.

Each email will contain an unsubscribe link, i.e., a way for subscribers to opt out of receiving further communications. The link cannot be removed or hidden. If the user does not insert an unsubscribe link into an email, the Service will automatically add its own standard link to the email, and the user’s actions shall be construed as being contrary to the Terms of Service.

3.4. Delivery of marketing campaigns

The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. LUCIDPLUS  shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.

Messages may go undelivered or be delayed for the following reasons:

• the subscriber’s mobile phone is turned off or is outside the area of the mobile operator’s coverage
• the subscriber’s mail service uses the automatic spam-blocking method known as greylisting, and it reports that it refuses to accept the email
• the mail service rejects the email after identifying its contents as spam (based on the given server’s Anti-Spam Policy and its understanding of the word “spam”)
• the subscriber’s inbox is full, or the recipient’s email server is experiencing technical difficulties
• the recipient’s mail server rejects the email due to the presence in the email of blocked links (i.e., URLs in a blacklist or graylist)
• an email cannot be delivered due to adverse natural conditions or other force majeure circumstances, which might have an adverse effect on the operation of LUCIDPLUS ’s hardware and software. These conditions or circumstances include, but are not limited to, natural disasters, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

5. Obligations of LUCIDPLUS  users

The user is obliged:

• to ensure the confidentiality of his/her username and password for accessing his/her account on the Service, and to not allow third parties to use his/her account
• to provide valid personal data to the Service
• to bear responsibility for the validity of all information that he/she uploads to his/her account on the Service
• to not use a purchased or illegally obtained subscriber base for emails
• to not use the Service’s online platform for sending spam
• to create emails in accordance with the terms of the Anti-Spam Policy and the Terms of Service of LUCIDPLUS. Should the user violate the Terms of Service or other requirements of the Service, the administration has the right to suspend or completely delete the user’s account until the incident has been resolved.
• to provide recipients with the ability to opt out of emails at any time
• to refrain from rude and obscene speech when communicating with employees of the Service

The user has the right not to agree with the Terms for using the Service. In that case, the user will be denied further use of LUCIDPLUS.

You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of the materials that you upload to the Service.

We may use or disclose your information only as described in these Terms and our Privacy Policy.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use our Service for any unlawful or discriminatory activities.

You represent and warrant that in creating your Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:

• will clearly describe in writing how you plan to use any data collected, including for your use of the Service. You will get express consent to transfer data to LUCIDPLUS  as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
• have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of communication through the Service.
• have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow us to receive and process data and send communications to that individual on your behalf.
• agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

6. Obligations of LUCIDPLUS

LUCIDPLUS  is obliged:

• to provide the user, in accordance with the Terms of Service, with access to the online platform immediately after the user has registered for the Service
• to provide the user with the necessary functionality for creating and sending out email, SMS, Viber, and chatbot campaigns for Facebook, Telegram, and WhatsApp.
• to ensure constant access to the online platform with the username and password that the user has chosen
• to provide the possibility of testing the Service before payment for services
• to present an array of billing plans without limiting the user in his/her choice of a billing plan
• to notify users of changes in billing plans

The administration reserves the right to make changes to the interface and functionality of the LUCIDPLUS online platform and billing plans. It shall notify the user of this in an email.

The administration reserves the right to unilaterally amend the Terms of Service for the LUCIDPLUS  service without prior notice to the user. The updated Terms of Service for the LUCIDPLUS  service shall come into force from the moment they are placed on the company’s official website.

7. Restrictions

The administration of LUCIDPLUS  has the right to forbid (or limit) the user from any actions contrary to the Service’s Terms of Service. These actions may include any listed below, as well as actions which, in the opinion of Service employees, violate the Terms of Service for the LUCIDPLUS  service.

• The user is forbidden from uploading to his/her account and from using any lists of email addresses or telephone numbers that have been purchased or illegally obtained (including through the use of specialized programs for searching for contact information).
• The user is forbidden to store, process, or disseminate using LUCIDPLUS  any information contrary to the Anti-Spam Policy of the Service or which violates the laws of India, or any International law, including the laws of the country of the recipient.
• The administration of the Service prohibits and shall punish any attempts by a user to collect information from the Service or from the company’s official website.
• The user is forbidden from copying or using for commercial purposes any part of the Service or access to it.
• The user does not have the right to provide a third party with his/her account access credentials nor to register under the name of another person without his/her knowledge and consent.
• The user is not allowed to use any means, including fraudulent or illegal means, for attempting to obtain the personal information of other LUCIDPLUS  customers.
• The user is forbidden from sending emails to any recipients which have not given their consent to receive such emails. The user is also forbidden from sending out any information which violates a person’s rights and freedoms.

8. Disclaimer of warranties and liability

The administration of the Service bears no responsibility for the user’s actions taken as a result of a failure to understand or a mistaken understanding of the Terms of Service for the LUCIDPLUS  service.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence, or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the Service the month before.

To the maximum extent permitted by law, we provide the materials and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our customers use LUCIDPLUS  for a variety of reasons, we can’t guarantee that it will meet your specific needs.

The LUCIDPLUS service does not guarantee to recipients of campaigns sent out through its Service the accuracy of the information they receive. The Service only provides tools and services for carrying out bulk email, SMS, Viber, and chatbot campaigns’ for Facebook, Telegram, and WhatsApp sending. The responsibility for the legality and accuracy of any information that the user sends through the Service is borne by the user. The administration of the Service has the right to call the user to account for his/her actions if it believes that they are contrary to the LUCIDPLUS ’s Terms of Service.

9. Anti-Spam Policy

9.1. General conditions

We believe email, SMS, Viber, and chatbots for Facebook, Telegram, and WhatsApp are compelling tools for sending useful and on-demand information and are opposed to the sending of unsolicited messages.

Any registered user of LUCIDPLUS can send campaigns to his/her friends, family, colleagues, clients, contacts, etc., using our Service.

LUCIDPLUS  strictly forbids any SPAM messages to be sent from our Service at any time.

9.2. Our Definition of Illegally Collected Mailing Lists

A mailing list is legit if the recipient agrees to receive email messages from you.

We reserve the right to request the mechanism a user uses to subscribe contacts to their mailing list.

9.3. Our Definition of Spam

We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables from them or to mislead them or any message sent to someone without their prior consent to be SPAM.

Messages must comply with the following principles:

• No false, invalid, or misleading information in the subject line or the body of the message should be sent using LUCIDPLUS.
• No message must be sent to recipients without having previously obtained her/his consent.
• Text displayed must clearly state or illustrate the service that is offered.
• Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via LUCIDPLUS  SMTP servers. It is also forbidden to use a sender email address that is registered with any service as a temporary email address.

9.4. Our Definition of SMS Spam

We consider any unsolicited, unexpected, or unwanted SMS text message sent to the mobile subscriber in order to extort their valuables from them or to mislead them or any message originating from someone you have not authorized to have your mobile number to be SPAM.

Our users specifically agree NOT to use LUCIDPLUS  Service to send SPAM. Their SMS messages must comply with the following principles:

• No false, invalid, or misleading information in the body of the SMS message should be sent using LUCIDPLUS.
• No SMS must be sent to mobile subscribers without having previously obtained her/his consent.
• Text displayed must clearly state or illustrate the service that is offered.
• Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via LUCIDPLUS  SMS servers.

9.5. What content is prohibited

Our Service doesn’t allow spam or any sort of offensive or illegal content.

We do not send:

• Email, SMS, Viber, and Facebook, Telegram, and WhatsApp chatbot campaigns that violate CAN-SPAM Act;
• Sexually explicit messages;
• Hate speech
• Marketing campaigns to a list of people without their permission.

We review each profile to make sure it meets our Terms of Service, which help us maintain deliverability for all of our clients.

Please understand that some industries or “niches” return more abuse and spam complaints than average. We cannot risk our server’s reputation, which affects each mailing profile.

Our Service does not accept campaigns and does not publish websites that offer types of services, products, or content listed below:

• Escort and dating services;
• Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
• Work from home, make money online, and lead generation opportunities (“get rich quick”, “build your wealth”, “financial independence”);
• Online trading, day trading tips, or stock market-related content including but not limited to stock message boards promotion;
• Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
• Affiliate marketing;
• Debt collections, credit repair and debt relief offerings;
• Mortgages and loans;
• Nutritional, herbal, and vitamin supplements;
• Adult novelty items or references;
• List brokers or list rental services;
• Illegal goods, pirated software or media;
• Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events.
• Political parties and organizations;
• Tobacco products;
• Alcohol products;
• Any religious content.

Note that the content of your email campaign should be clearly associated with your sender email address and your domain.  

The administration of the Service strictly monitors whether LUCIDPLUS  is blacklisted with any popular RBL services. Email campaigns that caused an IP address or domains of the Service to be blacklisted with any RBL lists are immediately suspended.

9.6. Anti-Spam Policy Enforcement

Any evidence of users not adhering to this Anti-Spam Policy will cause immediate disconnection of his/her spam messages sending, suspension of the Service, and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.

9.7. Your Right to Cancel / Money Back Guarantee

• You can cancel your account subscription to the LUCIDPLUS Service using the link on the product website/ user account page. No refund will be provided for service not used. 
• Make sure all recipients have opted for permission-based messages (opt-in messages), i.e., they have agreed to receive messages from you.
• It is strictly forbidden to send messages to the list of contacts that were generated automatically by email extractor software; likewise, you are not allowed to use purchased email addresses for bulk mailings.
• You must ensure that your email meets the requirements of the CAN-SPAM Act — pay attention to the statement that each message you send with the advertising, commercial, and informative purpose must contain your valid physical address.
• We reserve the right to stop providing service and block user accounts if even one of your messaging campaigns gets over-the-top complaints.

In the case of emails, the limit of non-existing addresses is 7%. If the number of non-valid addresses (non-existent, not active addresses) exceeds, the email campaign can be blocked by Service moderators. To avoid being blocked, verify email addresses using an email verification service or other verification programs before sending an email campaign.

We understand that there can be a certain number of complaints if you send bulk email messages. According to our Service terms and conditions, we specified the level of permitted complaints as no more than 0.4% per sender domain for a single email campaign. In addition, we take into consideration different factors like the amount of sent emails as well as complaints ratio and types of complaints. The number of unsubscribes should not exceed 1% of the mailing list. However, if your email campaign gets a ratio that exceeds the permitted level, we reserve the right to block or terminate your account without a refund.

9.8. SPAM and Abuse Reporting

Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include the spam message and the date and time you received the message. Send your report to [email protected]

Email addresses that receive spam complaints will be suspended until the case is clarified.

10. Choice of Law. Arbitration

The relationship between the company and the user with regard to the provision of services for LUCIDPLUS is governed by the laws of India without regard to the conflicts of laws provisions thereof.

Any dispute arising from or relating to the subject matter of these Terms will be decided by the courts of Bengaluru, Karnataka, and each party will be subject to the jurisdiction of those courts.