Updated on: 22nd March, 2023.

Zoho Marketing Automation - Terms of Use

  • ZOHO MARKETING AUTOMATION, A MARKETING AUTOMATION SERVICE, IS PROVIDED TO YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") BY THE APPLICABLE ZOHO ENTITY LISTED HERE (HEREINAFTER "ZOHO"), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER "TERMS") IN ADDITION TO ZOHO GENERAL TERMS OF SERVICE. USE OF ZOHO MARKETING AUTOMATION SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE ZOHO MARKETING AUTOMATION IN ANY MANNER.

  • Accessing Zoho Marketing Automation

    Zoho Marketing Automation is a part of Zoho’s suite of online collaboration, business and productivity applications. You will be able to access Zoho Marketing Automation by using your common account for all Zoho Services (hereinafter “Zoho Account”).

  • Accessing other Zoho Services

    Other Zoho Services may be integrated with Zoho Marketing Automation. Your Zoho Account will also allow you to access all Zoho Services even if such Zoho Services are not integrated with Zoho Marketing Automation. Use of some of these Zoho Services may require acceptance of terms of service specific to such Zoho Services (hereinafter “Service Specific Terms”). You must read, understand and accept the Service Specific Terms before using the corresponding Zoho Service.

  • Information collected using Zoho Marketing Automation

    Using Zoho Marketing Automation, you can collect details such as Internet Protocol address, browser type, browser language, referral URL, files accessed, time zone and operating system of your website visitors. You can use the information collected to maintain quality of your website, improve visitor engagement and for general statistical purposes.

  • Identification and Tracking of your Website Visitors

    Zoho Marketing Automation uses cookies (first and thirty party cookies) to report visitor interactions on your website. These cookies are small text files stored on your visitors’ device/computer by their browser. While the first party cookies collect the visitor details outlined above, third party cookies allow you to track visitors across multiple domains.

  • DNT Header

    Do Not Track (DNT) is an HTTP header field that enables users to opt out of tracking by websites they have not visited. You understand that Zoho Marketing Automation does not honour DNT header because of the fact that it is not approved by w3c standards.

  • Zoho Marketing Automation Embed Code

    Zoho Marketing Automation Embed Code is the code that is installed on your website for the purpose of collecting visitor details ("Embed Code"). Subject to these Terms, (a) Zoho grants you a limited, revocable, non-exclusive, non-transferrable, non-sub licensable license to install copy and use the Embed Code solely as necessary for you to use Zoho Marketing Automation on your website. You will not (and you will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Embed Code or the documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Embed Code, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Embed Code and the documentation; (iv) remove any proprietary notices or labels on the Embed Code; or (v) use, post, transmit or introduce any software which interferes or attempts to interfere with the operation of the Embed Code.

  • Your Privacy Requirements

    As part of your use of Zoho Marketing Automation, you will have to post and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from visitors. The Privacy Policy must provide notice of your use of cookies that are used to collect data. You must not circumvent any privacy features that are part of Zoho Marketing Automation.

  • ANTI SPAM POLICY

    If you are sending marketing emails through Zoho Marketing Automation ("Email Campaigns"), you shall comply with the requirements of Zoho Anti Spam Policy and applicable local, state, national laws including but not limited to the CAN-SPAM Act or other similar laws regulating sending of marketing emails applicable to you. If you are sending promotional SMS through Zoho Marketing Automation ("SMS Campaigns"), you shall comply with the (i) policies and guidelines of third party service providers such as network operators ("Service Providers"), including but not limited to applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), the Mobile Marketing Association and National Emergency Number Association; and (ii) applicable local, state, national or international laws including but not limited to the CAN-SPAM Act, TRAI, TCPA or other similar laws regulating the transmission of promotional bulk messages applicable to you. In addition, you may send marketing emails and/or promotional SMS through Zoho Marketing Automation only to the contacts that you have obtained by acceptable means as listed below .

    1. If the contact had submitted his/her email address and/or mobile number as part of a download from your website or for the purpose of ordering/negotiating the purchase of a product or service from you.
    2. If the contact had subscribed to receive your marketing communications through email and/or SMS by filling a form on your website.
    3. If the contact has provided email address and/or mobile number as part of participation in any contest, event or survey conducted by you, provided that you have informed the contact that you would be sending marketing emails and/or promotional SMS.
    4. If the contact has, while completing an online form, checked an opt-in check box indicating his/her willingness to receive your marketing communications through email and/or SMS, provided that the check box is unchecked by default and you have informed such contact that the nature of the emails and/or SMS would be commercial.
    5. If the contact has given his/her business card and has expressed willingness to receive emails and/or SMS of a commercial nature. Willingness to receive emails and/or SMS of a commercial nature will be presumed where the business card was dropped in your booth at a trade show.
    6. If the contact was referred by your existing customers or subscribers to receive marketing communications through emails and/or SMS.

  • You shall not send marketing emails and/or promotional SMS to any contact if:

    1. You have bought, loaned, rented or acquired the contacts through any other means from a third party.
    2. You have not contacted a legitimately obtained contact in the last 2 years.
    3. You have obtained email addresses and/or mobile numbers by scraping or by copying and pasting the e-mail addresses and/or mobile numbers from the internet.
    4. The contact has unsubscribed from receiving your marketing communications through email and/or SMS or has expressed his/her intention not to receive marketing emails and/or SMS from you.

  • Consent

    You must have received an explicit consent from your contact before you start sending marketing emails and/or promotional SMS. The consent must have been provided separately through a conscious act by the contact. Consent not granted electronically will require written confirmation from the contact.

  • Honouring Revoked Consent

    The request to opt-out from receiving marketingemails and/or promotional SMS should be honoured within a reasonable time from the date of request.

    • Prohibited Activities

    By using Zoho Marketing Automation, you agree that you will not send marketing emails and/or promotional SMS:

    1. that infringe intellectual property rights or other proprietary rights of any party.
    2. that is defamatory, threatening, offensive, abusive, malicious or otherwise harmful to any party.
    3. that constitute or promote "hate speech" or is otherwise discriminatory or promote or incite hatred towards any person or group.
    4. that contain pornographic and/or obscene content.
    5. impersonating any individual or entity.
    6. that create a load on Zoho’s servers or abuse Zoho’s bandwidth or interfere with or disrupt the provisioning of Zoho Marketing Automation.
    7. that violate any applicable local, state, national or international laws.
    8. to promote/distribute or sell illegal and counterfeit products.
    9. that contain any virus and malicious code which might disrupt, disable, harm, erase memory of, or otherwise impede operations, or functions of any software, hardware, wireless device, computer or any network of any party.
    10. that are considered as scamming activities such as pyramid scheme, multi-level marketing (MLM), affiliate marketing, search engine optimization (SEO), click fraud and get-rich-quick scheme.
    11. that are affiliate links without any original content.
    12. that manipulate search engine results, search engine ranking and search result placement.
    13. that generate unnatural traffic.
    14. to promote, sell or distribute regulated products with varying legal status across jurisdictions such as alcoholic beverages, e-cigarettes, arms and ammunitions, fireworks, explosives, toxic and radioactive materials, pharmaceutical and pseudo-pharmaceutical products, medical devices, drugs, equipment designed for making/using drugs, gambling services, etc.
    15. that promote dangerous and illegal activities.
    16. that are related to cryptocurrency, including but not limited to, initial coin offering (ICO), cryptocurrency mining or cryptocurrency wallet.
    17. that contain links to sites that are involved in any of the prohibited activities listed above.
    18. that will be used for providing any warning or notification about risk to the safety of person(s) or property (for example, emergency services).

  • Email Campaigns

    In addition to the other terms, the following terms will govern your Email Campaigns :

    Sender Information

    Every email that you send using Zoho Marketing Automation, shall contain an 'about us' section that enables the recipient to identify you as the sender and must contain one or more of the following information according to the law applicable to you:

    1. Name and address in case the sender is an individual.
    2. If the sender is an entity, in addition to name and address, the name of the authority with which the entity is registered along with the business registration/identification number.
    3. Tax identification number, if applicable.
    4. Contact information, at least a valid telephone number as well as an email address.
    5. Name and contact information (phone number/email address) of a representative for reporting complaints.
    Monitoring and Throttling

    Zoho reserves the right to monitor and review your Email Campaigns manually and through automated means to improve deliverability such as by reducing mail bounces and to detect spam and other possible violations of the Terms. This includes:

    1. The right to transmit the sender email addresses, recipient email addresses and content of the Email Campaigns to affiliates and service providers engaged by us.
    2. The right to develop and improve automated tools based on emails that get flagged as spam and information we receive from affiliates, service providers engaged by us and other email service providers regarding your Email Campaigns.
    3. The right to embed a Campaign ID in every email's header in order to enable recipients of Email Campaigns to report spam emails to Zoho.

    Zoho also reserves the right to throttle Email Campaigns sent by you, especially if you are sending Email Campaigns to a contact list for the first time.

    Threshold for Bounces, Complaints, Unsubscribes and Un-justified/Spam Trap Hits

    The hard bounce rates should be under 5% and spam complaint rates should be less than 0.1%. Similarly, the unsubscribe count should not be greater than the click rate and the maximum count for spam trap hit / un-justified complaint is 1. In the event that your Email Campaign exceeds the threshold(s) mentioned above, Zoho reserves the right to terminate your user account without any prior notification.

    Bandwidth Abuse

    You are provided with the facility to host images and other resources (“Content”) on Zoho’s servers only to enable you to include such Content in the Email Campaigns sent by you through Zoho Marketing Automation. You shall not create a load on Zoho’s servers or abuse Zoho’s bandwidth by hosting such Content for any other purpose such as website hosting and/or sending them through other delivery tools.

    In case of shortened URLs generated through Zoho Marketing Automation, you can use them in other tools as long as, in Zoho’s sole discretion, the load on Zoho’s servers and Zoho’s bandwidth is minimal.

  • SMS Campaigns

    In addition to the other terms, the following terms will govern your SMS Campaigns:

    Monitoring

    Zoho reserves the right to monitor the content of the promotional SMS that you will be sending to your recipients or your traffic patterns to determine if the SMS Campaigns are being sent in violation of the Terms. If Zoho determines that there has been a violation of the Terms, Zoho may suspend or terminate your access to the SMS Campaigns service. Additionally, Zoho may share information such as content, contact consent status, traffic pattern, frequency of promotional SMS sent and other information relevant to your SMS Campaigns with Service Providers and law enforcement agencies to ensure compliance with applicable laws.

    Suspension or Termination of SMS Campaigns Service

    Zoho may suspend or terminate your access to the SMS Campaigns service if (i) Zoho in its sole discretion determines that you have violated the Terms; (ii) Zoho receives repetitive complaints from your recipients or Service Providers; (iii) Zoho receives instruction from Service Providers to suspend or terminate your access to the SMS Campaigns service; or (iv) Zoho temporarily or permanently ceases offering the SMS Campaigns service or the Zoho Marketing Automation.

    Usage Limits

    Zoho may prescribe usage limits based on the subscription plan chosen by you. You must make sure that your usage is within the usage limits prescribed by Zoho in order to avail uninterrupted service. You understand that Zoho may restrict an activity if you reach the usage limit corresponding to such activity.

    Violations

    If your use of Zoho Marketing Automation is found to be in violation of the Terms, Zoho may, in its sole discretion, take appropriate actions against you, which may include suspension and permanent termination of your user account.

    Modification of Terms of Use

    Zoho reserves the right to modify Zoho Marketing Automation Terms of Use. Modifications to the Terms of Use are effective upon your use of Zoho Marketing Automation subsequent to publication of such modification.