Terms of Service
Terms and Conditions
Version: 1.0 - May 25th, 2018
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to these services, the Client hereby agree and adhere to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that the Company assumes no responsibility for the nature or content of anything contained on the Web site, chatbot, app, or any other service provided and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms and Conditions.
If the Client do not agree to these terms, please do not subscribe to the Company services.
1. THE SERVICES
The company offers an online platform for digital marketing campaigns that include a website building tool to create mobile websites, hosting services, e-commerce and m-commerce solutions, chatbots, Facebook apps and all the other services to which each client has access to ("The Services"). For using or subscribing to these Services, the user/client has to enter into a legal agreement with the Company.
The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations. The User must be eighteen or over or represented by someone eighteen or over to subscribe to the Services. Subscription in the Services is void where prohibited. By using the Site, the Client represent and warrant that the Client have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCEPTANCE OF TERMS
The Services are provided by the Company, which provides its services to the USER, subject to the following Terms and Conditions.
4. DESCRIPTION OF SERVICES
Company will provide Client with the Services ordered during the sign up process. The Company strives for 99.9% uptime, so that Customers can create & edit anytime their digital marketing campaigns. However, the service may be unavailable for short periods of time due to maintenance and upgrading. While the Services are unavailable, Customers will not be able to use it to create or edit their sites and campaigns. In order to access certain services, the Client may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. If the Company believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify the Company of any unauthorized use of his password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from client's failure to provide it with accurate information or to keep the password secure.
5. SUBSCRIPTION, PRICING AND PAYMENT
At the time of initial registration, the Client will select one of the available plans to which the Client wish to subscribe. All subscriptions to Services are subject to acceptance by the Company. The Client subscription to the Services will be deemed accepted by the Company when the Company delivers a confirmation of the subscription to the Client. The Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be the Company' then current pricing for such Services. After the Company' acceptance of the Client subscription to the Services, the Company will electronically deliver to the Client a schedule of the Fees. The payments will be made to the Company through Paypal or online credit card or pursuant any other methods set forth by the Company. In the event of a charge back by a credit card company (or similar action by another payment provider) or other non-payment by the Client in connection with the Client payment of the applicable service or subscription fee, the Client acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in the Company's sole discretion. All fees are non-refundable, in whole or in part, even if the Client service is suspended, cancelled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by the company. The agreement prohibits the Client from using the website once the Client unsubscribe from the service.
6. RIGHTS TO THE WEB SITE AND CONTENT
The Client understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. The Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the Services. The Client agrees that the Client are responsible for the Client own conduct and any Content that the Client create, transmit or display while using the Services and for any consequences thereof. The Client agrees to use the Services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. The Client agrees that the Client will not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services. The Company claims no ownership or control over any Content submitted, posted or displayed by the Client on or through the Services and shall not be liable for the same. The client or a third party licensor, as appropriate, retains all patent, trademark and copyright to any Content the Client submit, post or display on or through the Services and the Client are responsible for protecting those rights, as appropriate.
7. THE CLIENT FURTHER AGREES THAT:
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise unlawful, harmful or invasive of the privacy of others.
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
- He shall not upload, post, publish, distribute or otherwise transmit any content that the Client do not have a right to transmit under any law or under contractual or fiduciary relationships.
- He shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
- He shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
- He shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt the Company or servers or networks connected to the the Company including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to the Company, other's accounts on the Company through any means;
- He shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
- He shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than the Client own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent the Client association or affiliations with a person or entity, for the purpose of misleading others.
- He shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
- He shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
- He shall not engage in commercial activities that are deemed inappropriate by the Company. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.
8. NO RESPONSIBILITY
In addition, the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of the Company. The Client agrees and acknowledge that the company takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the users.
You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via the Company. Without limiting the foregoing, the Company shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.
The Internet is a complex world-wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. The Company will not be held liable for network outages nor damages resulting from network outages.
11. LAW ENFORCEMENT COOPERATION
11. The Company retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.
12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY
"Background Technology" means computer programming & formatting code or operating instructions developed by or for the Services and used to maintain the platform. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent ofthe Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by the Company.
Company agrees to provide reasonable technical support to Client during the Company's normal technical support hours. The Company additionally agrees to provide Client service support in the form of online help desk or e-mail during the Company' normal Client support hours.
14. RESOURCE USAGE
The Company agrees to make every commercially reasonable effort to provide resources necessary to build and host as many digital marketing tools on its servers, providing CPU time, bandwidth and disk space that fits this requirement. However, in order to prevent uncontrolled growth in resource usage that could harm the availability of the service itself, the Company does place automated safeguards to protect against any one tool growing too quickly and adversely impacting the whole system until the Company can evaluate said tools resource needs. Moreover, the Company reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other sites or the whole system itself.
15. TERM AND TERMINATION
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b)the Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of this Agreement, Client will pay the Company for all Services provided to Client by the Company prior to termination
16. NO RESALE OF SERVICE
The Client agrees not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services without the written permission of the service providers.
17. PROPRIETARY TOOL LIMITATIONS
The Services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision ofthe Company is final in any issue that might arise due to this.
18. DISCLAIMER AND WARRANTIES
Company warrants that the Company will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any online tool modified by any party other than through the Services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. Except as expressly provided in this Agreement, the Services, web sites and all other digital tools are provided "as is," and the Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. The Client hereby acknowledges and agrees that the Company will not be liable for any temporary delay, outages or interruptions of the Services.
The Client agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to the Client use of the Services, violation of this Terms of Service or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case,the Company will provide the Client with written notice of such claim, suit or action.
20. LIMITATION OF LIABILITY
Company's liability hereunder shall not exceed the amount paid by client to company during the three (3) month period before the action arose. The Company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, the Company would not enter into this agreement.
The Client agrees that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
22. LEGAL COMPLIANCE
As a user the Client shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the the Company's services
23. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the country, state or province where the Company legal headquarters are located or incorporation has taken place.
24. SEVERABILITY AND AMENDMENT
This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
25. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
Version: 1.0 - May 25th, 2018
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you answer these questions:
- What kind of information do we collect about you?
- How do we use the data and information we gather?
- What is the legal basis for processing the data?
- How is this data shared?
- How do we store it and secure it?
- How can you access and control the data we have about you?
- Other privacy information
This policy also explains what you can do about the data we collect about you, for example how you can object to certain uses, how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
What kind of information do we collect about you?
We collect the kind of information about you that you provide to us, that we gather automatically when you use our Services, and that other sources might provide it to us. Read below for a detailed description of the kind of information we gather, store and use about you.
Account and Profile Information
We collect information about you when you register for an account, create or modify your profile, set preferences or make purchases through the Services. You usually provide your email contact information and, in some cases, billing details when you register for the Services and purchase one of the available plans. You might have the the option of adding other data such as a display name, profile photo and other details.
Content you provide through our products
The Services include products that you can use to provide us with other information about you. Examples of this could be files you upload when you create a website, data about you and your business you enter when building chatbots, information added to the CRM and so on.
Information you provide through our support channels
The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will probably be asked to provide contact information and other data that we will use to help you resolve the issue as quickly and effectively as possible. As we always do when dealing with personal data, we minimize the amount of information we ask you to the bare minimum needed to fulfill your support request.
Billing and Payment Information
When you purchase any product on the Services we ask you for billing details which we use to create an invoice linked to the payment. While we never ask nor store payment information as all our payments are handled by external providers such as Paypal and Stripe, we might store payment data such as subscription’s ID or transaction unique identifiers to validate payments and provide you with the services you paid for.
Information we collect automatically when you use the Services
While you use the service we keep track of certain information about you and about what features and products you use. We do this to understand better how we can improve our Services and what features you are missing so we can help you better use the platform and all its Services.
Cookies and Other Tracking Technologies
Other services you link to your account
How we use information we collect
The way we use the information we collect about you depends on which Services you use, how you use them, and what preferences you have setup in your account. Please find below the specific ways how we use the information we collect about you.
To provide the Services
The main use we do of the information you provide us and we collect about you is to provide the Services. For example, we use the email address and password you entered when registering to allow you to login and uniquely identify you and your products.
To personalize and optimize your experience
We might use data we collect about you - for example what features you use and what you don’t - to offer you a more personalized and optimized experience of our services, for example proposing you the widgets you use more often as default choices or highlighting a feature you haven’t used but that could be beneficial and make your work more effective.
To improve our Services
We are always looking for ways to make our Services more effective, faster, secure and useful to you. We gather data and stats about your behavior on the platform to understand where we have bottlenecks or sub-optimal blocks, or to anticipate and individuate bugs that could make the whole experience of the Services not as effective as we want it to be.
To communicate with you about the Services
We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also provide tailored communications based on your activity and interactions with us - for example, certain actions you take in the Services may automatically trigger a feature suggestion within the Services or alert you about an existing tutorial that could make your life easier. We also send you onboarding communications when you start using a new Service to help you become more proficient and empowered. These communications are part of the Services and in most cases you cannot opt out of them unless you cancel your account: nonetheless, if an opt out is available you will find that option within the communication itself or in your account settings.
To market and boost your engagement in the Services
We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, especially via emails in the form of “newsletter”. The goal of these communications is to drive engagement and maximizing the quality of your experience and results from the Services, including information about new features, survey requests, online or offline events. You can opt-out from these communications in the message itself or in your account.
For customer support
We use your information to resolve technical issues and respond to tickets and requests you send us, to analyze bugs information and to repair and improve the Services.
For safety and security
We might use information about you and your Service use to be alerted of suspicious or fraudulent activity, to verify the use you make of the Service and to identify violations of our Terms of Service.
To protect our business interests and legal rights
If and when required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we might use the data we have about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
What is the legal basis for processing the data?
We collect, use and share the data that we have in the ways described above:
- as necessary to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- as necessary to comply with our legal obligations;
- as necessary for our (or others') legitimate interests, including our interests in providing an innovative, personalized, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data
If you have consented to our use of information about you for a specific purpose, you can revoke that consent at any time - but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
How is this data shared?
Our Services are mainly designed to work without the need to share any information about you to third parties and we always aim at minimizing the amount of personal data we share with others. In particular, we will never sell or share any of your data with advertisers or third party that might be interested in acquiring information about our users for marketing or other purposes.
This being said, there could be some very rare occasions in which some of your data might be shared with somebody else, in particular:
When you use the Services we might give you the option to give access to your account or to certain elements in your account (for example a website) to other users, for example the agency that created or that you put in charge of managing that website for you. In these cases we might share some information about your account, for example the email address you use to access the Service.
Third-Party Apps, Social Widgets, Third-Party Widgets
You may choose to add new functionality or change the behavior of the Services by installing third party apps, social widgets (such as the Facebook “Like Box”) or third-party widgets (such as Twitter’s “tweet” button). Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not ours.
Compliance with Enforcement Requests and Applicable Laws
In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect our company, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
We might share some data we have about you with affiliated companies in order to operate and improve products and services and to offer other services to you.
We may share or transfer information we collect under this policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information.
How do we store it and secure it?
Our hosting data provider is OVH while most of our backups and additional data are stored on Amazon AWS services, some of the most advanced and secure cloud hosting providers of the market. Both our providers are in the United States and we use the most strict and modern technical measures to secure your data.
While we implement and maintain the highest standards in IT security, no computer system is 100% bulletproof and impenetrable. Due to the intrinsic nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
How long do we keep your information?
The length of time during which we keep your information as personal identifiable depends on the type of data, and your preferences. In any case, once this period has expired we either completely delete it, anonymize it or, if this is not possible (for example for backup archives where accessing this information is virtually impossible), we will securely store it and isolate it from any further use until deletion is possible.
We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
We retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
How can you access and control the data we have about you?
You always have access to the data we collect about you and to options to completely delete your data, download it or amend it.
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. You can exercise some of these functions by logging into the Services and using the tools available in your account. For all other requests, you may contact us and we will provide further assistance.
Access and amend information about you
From your account you can update your profile and/or billing information information or download the data we have stored about you in our database.
Remove your information and delete account
If you wish to delete all the information we have about you, you can do so in your account or by sending us a request for closing your account and all the data we have about you. We will comply with your request in the terms and with the timeframe we outlined above.
Opt out of certain communications
You may opt out from receiving certain communications from us, in particular marketing newsletters. Even after you opt out from these marketing messages from us, you will continue to receive transactional messages from us regarding our Services. To opt-out of all communications you need to request the cancellation of your account.
Relevant browser-based cookie controls are described in our Cookies Policy.
Other privacy information
Our policy towards children
Our Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.
Version: 1.0 - May 25, 2018
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