ACCEPTANCE
1.1 These terms and conditions (“Terms of Service”) govern your use of the Service (as defined below) provided by Convertedin (“Convertedin”, “we”, “us”, “our”).
Terms of Service apply to the service made available on www.Convertedin.com, and to any other third-party service through which Convertedin is made available or can be used by you or on your behalf, including but not limited to, the Convertedin control panel and scripts that are installed in your online store (“Convertedin Software”).
In these Terms of Service, a cloud service available at www.Convertedin.com and Convertedin Software are together referred to as the “Service”.
Except for cases in which you and all your end users are in the United States, use of the Service is also governed by Convertedin’s “Privacy Policy” which is incorporated herein by reference and available at www.Convertedin.com.
1.2 This Terms of Service is a legal agreement between Convertedin and you. Before accessing or using the Service, you must agree to these Terms of Service and, if applicable, our Privacy Policy too.
By accessing or using the Service you acknowledge and agree that you have read, understood, and agreed to be bound by this Terms of Service and our Data Processing Addendum.
If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by these Terms of Service.
1.3 Please read this Terms of Service and our Privacy Policy carefully because these govern your use of the Service.
We may update and modify these Terms of Service and our Privacy Policy from time to time, and by continuing to use the Service after Convertedin posts a modification at www.Convertedin.com /terms/, you accept the modification.
Additional terms and conditions may apply to certain additional services and features of the Service provided and developed by Convertedin or third parties, for example, Facebook (“Additional Services”).
In case the use of the Service includes such Additional Services, regardless of anything to the contrary stated herein , they may be exclusively governed by their provider’s standard terms and conditions applicable to such solutions.
By accessing or using any Additional Service you acknowledge and agree that you have read, understood, and agree to be bound by such terms and policies applicable to Additional Services.
If there is a conflict between these Terms of Service and the terms applicable to certain Additional Services, the terms applicable to certain Additional Services shall prevail with respect to your use of that Additional Service.
THE SERVICE
2.1 The Service is a cloud service intended for use in online web stores. The Service collects and analyzes an end user’s online behaviour and makes it possible to calculate and automatically represent different types of intelligent product recommendations; create, manage, and optimize advertising campaigns on social media channels; and offer other marketing automation functionalities.
You can find a more comprehensive description of the Service and its features at www.Convertedin.com, as amended from time to time.
2.2 The Service is designed to help you increase your sales, but you remain responsible for how the Service is used and for achieving the intended goals and the results.
It is your responsibility to ensure that the output and results of the Service meet the customer’s expectations and requirements.
2.3 You can also provide us the information by logging in using a social media account of your choice. In this case we will be provided information about you through social media sites as specified when you log in. We will only use your information in accordance with your instructions and as set out in this privacy policy.
2.3 Convertedin may provide user assistance to you upon a reasonable request. If required, then you must allow Convertedin to access the necessary information and facilities to the best of its ability, and also, otherwise contribute to the delivery of the Service. If reasonably requested by you, Convertedin’s officials can modify your recommendation templates, marketing campaigns, your online store, and other settings based on mutually agreed instructions. All assistance shall be provided during Convertedin’s standard business hours and at Convertedin’s reasonable discretion.
2.4 Unless otherwise agreed in writing, you may use the Service solely in connection with, and for the purposes of your Online Store. You may represent and allow access to the displays generated with the Service on your Online Store only. Creating hyperlinks to the displays generated with the Service from a website other than your Online Store’s website is prohibited. Any modifications to Convertedin scripts, plug-ins or other parts of Service in an attempt to misuse or abuse the Service and/or bypass the obligation to pay Convertedin fees for services rendered is forbidden.
2.5 Convertedin is constantly developing and enhancing the Service. Therefore, we may amend features of the Service by removing, modifying or adding existing or new features without any prior notice. We will, however, inform you of any material changes in the Service by posting a notice at www.Convertedin.com.
USE OF SERVICE
3.1 Communications: You are responsible for obtaining and maintaining all of the appliances, hardware, software, and services that you may need to access and use the Services. Without limiting the foregoing, you must obtain and maintain, and pay all charges, taxes and other costs and fees related to Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access and use the Services.
3.2 Conduct: You are solely responsible for your Online Store and your conduct and any data, text, links, information, image and/or any other material (“Content”) that you choose to display through the Service on your Online Store.
3.3 Passwords: You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, your IDs or other credentials and login information (collectively, “Passwords”) that have been provided to you or that are generated in connection with your use of the Services. You will not disclose or make available any Passwords other than to employees authorized by you and shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Passwords or the Services. You are solely and fully responsible for all activities that occur in connection with your passwords. Without limiting the foregoing, You are responsible for all charges and liabilities applicable to data and information transmitted to and stored under your account on the Services. In the event you believe that the Passwords have been compromised, you are solely responsible for notifying Convertedin immediately by email to [email protected]
3.4 Downtime: You acknowledge that your access to and use of the Services may be suspended for the duration of any scheduled or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions, or any other acts, omissions or failures on the part of Convertedin.
3.5 Suspension, Limitation or Termination: Convertedin shall be entitled, without liability to immediately suspend, terminate or limit your access to the Services at any time in the event (i) that Convertedin determines, in its sole discretion, that the Services are being used in violation of applicable federal, state or local law or ordinance, these Terms of Service, or any agreement applicable to the Services; (ii) that Convertedin, in its sole discretion, determines that the Services are being used in an unauthorized, inappropriate, or fraudulent manner; (iii) that Convertedin determines that the use of the Services adversely affects Convertedin’s equipment or service to others; (iv) Convertedin is prohibited by an order of a court or other governmental agency from providing the Services; (v) of a denial of service attack or any other event which Convertedin determines, in its sole discretion, may create a risk to the Services or to any other customers if the Services were not suspended; or (vi) of a security incident or other disaster that impacts the Services or the security of your data. In addition, Convertedin shall have the right to immediately deny or suspend access to the Convertedin Platform or Services in the event Convertedin, is not paid any amount due in connection with the Services or your breach or alleged breach of these Terms of Service. Without limiting the generality of Section 3, Convertedin shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of your right to use the Services in accordance with these Terms of Service.
3.6 Prohibited Activities: You may not use the Services (i) in violation of these Terms of Service, including usage that exceeds parameters and restrictions described on the applicable Service Order or on the Convertedin Site; (ii) to infringe on, violate, dilute or misappropriate the intellectual property rights of any third party or any rights of publicity or privacy; (iii) to violate any law, statute, ordinance or regulation; (iv) to store, or transmit throughout, defamatory, trade libelous, unlawfully threatening, or unlawfully harassing data; (v) to store or transmit obscene, pornographic or indecent data in violation of applicable law; or (vi) to introduce or propagate any unauthorized data, malware, viruses, Trojan horses, spyware, worms, other malicious or harmful code. You may not use the Convertedin Platform or Services in any application that may involve risks of death, personal injury, property damage or environmental damage. You may not interfere with or attempt to interfere with or disrupt the integrity, security, functionality or proper working of the Services or the Convertedin Platform. You may not attempt to discover or use any license keys, access codes or similar information provided from time to time to Convertedin. You may not attempt to discover, access, read, alter, destroy, or damage any programs, data or other information stored on or in connection with the Convertedin Platform or Services by any other party. You may access the Services only through the interfaces and protocols provided or authorized by Convertedin. You may not access the Convertedin Platform or Services through unauthorized means, such as unlicensed software clients. You may not compile or use the Convertedin provided materials or any other information obtained through the Services or the Convertedin Platform for the purpose of spamming, unsolicited contacting of sellers or yours, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
3.7 No Minor Information: You agree not to upload or incorporate into any customer lists, or otherwise provide to Convertedin any information about individuals that you know or have reason to know are under the age of 18 If you discover that it has been uploaded, incorporated into any your lists, or otherwise provided to Convertedin any information about individuals that you know or discover are under the age of 18, you agree to promptly remove such information from Convertedin’s systems and notify Convertedin of such occurrence.
3.8 Changes to the Services: Convertedin has the right to change, modify, update, add to, discontinue or retire the Services and any aspect or feature thereof, including but not limited to, hours of availability, equipment needed for access or use, and the type and size of files that can be stored or transmitted. Convertedin may provide notice of material changes to the Convertedin Platform or Services by posting them on the Convertedin Site. It is your responsibility to check the Convertedin Site periodically to be informed of any changes. You understand and agree that Convertedin may change the telephone number(s) and/or the credit card payment processing system. You agree that Convertedin will not be liable for damages (including consequential or special damages) arising out of any such change and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Convertedin has been advised of the possibility of such damages.
USER REGISTRATION
The use of the Service requires registration on www.Convertedin.com or via platform plugins and installation of a javascript plugin on your Online Store. Please follow the instructions given at www.Convertedin.com.
FEES
Using the Service and Additional Services is subject to our price list, available through your Convertedin representative or at www.Convertedin.com. We may change the price list from time to time. The available payment methods are described at www.Convertedin.com.
RIGHT TO USE AND PROPRIETARY RIGHTS
6.1 Subject to Convertedin’s confirmation of your registration, Convertedin grants you a non-exclusive, non-transferable, revocable, non-sub-licensable limited right to access and use the Service and Convertedin Software, subject to your payment of the agreed fees, in accordance with these Terms of Service and the terms applicable to Additional Services.
6.2 You agree and acknowledge that the title and all intellectual property rights in and to the Service and any data, documentation, images related thereto are owned and remain vested in Convertedin or a third party (such as Convertedin’s licensor). No intellectual property rights shall be transferred pursuant to these Terms of Service.
6.3 In case you comment on the Service or provide suggestions for improving the Service, then you agree that all such comments, suggestions, and ideas thereof will be fully assigned to Convertedin and hence Convertedin shall own all rights to use and incorporate them into the Service.
DATA PROTECTION AND PRIVACY
7.1 When you use the Service, our servers (which may be hosted by a third-party service provider, such as Amazon Web Services) collect information automatically from your Online Store. We will act as the data controller with respect to the personal data we may have collected from you during registration or provision of support services if any. To the extent we collect any personal data of end-users of your Online Store, we will act as your data processor with respect to such personal data.
7.2 We do not knowingly collect or solicit personally identifiable information from individuals under eighteen (18) years of age; if you or any of your end users are under eighteen (18), please do not attempt to register for or otherwise use the Service or send us any personal information. If we learn we have collected personal information from an individual under eighteen (18) years of age, we will delete that information as quickly as possible. If you believe that an individual under eighteen (18) may have provided us personal information, please contact us at [email protected].
7.3 Applicability of GDPR: You acknowledge and agree that if you use (or instruct, permit, or enable any of your employees, contractors, partners, or customers to use) any of the Services, including the Convertedin Platform, to collect, retrieve, send, store, host, transfer, or otherwise process or use any End Customer Data relating to any natural persons located in the European Union, then such activities shall be subject to the EU Data Protection Laws, which is hereby incorporated into these Terms of Service by this reference.
7.4 For more information on our data collection practices of your personal data and the end-users of your Online Store, please review our Privacy policy. We may update the Privacy policy from time to time, and by continuing to use the Service after Convertedin posts a modification at www.Convertedin.com, you accept such modification.
INDEMNITY
You agree to indemnify and hold Convertedin, its Partners, investors, officers, directors, affiliates, subsidiaries, licensors, agents and employees (collectively, the “Convertedin Parties”) harmless against any loss, liability, claim, demand, damages, penalties, settlements, costs and expenses, resulting from any claim (including third party claims), suit, action or proceeding against an Convertedin Party, or arising out of/ in connection with these Terms of Service or the documents it incorporates by reference, your use of the Service (including any actions taken by a third party using your account), or your violation of any law or the rights of a third party.
LIMITATION OF WARRANTY
9.1 We, our officers, directors, employees and our suppliers provide the service on a reasonable-effort basis. While we endeavor to ensure that the service is available at all times, we make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from the service or as to the accuracy or reliability of any information obtained through the service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the service.
9.2 Products and services purchased are provided “AS IS” and without any warranty of any kind from Convertedin or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). We warrant that in the event that the service is not available or that there are errors in its operation we will use every reasonable effort to resolve the event. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
9.3 EXCEPT AS EXPRESSINGLY PROVIDED HEREUNDER, THE Convertedin PLATFORM AND THE SERVICES ARE PROVIDED TO CUSTOMER “AS IS,” WITHOUT WARRANTY OF ANY KIND. Convertedin HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THESE TERMS OF SERVICE, THE Convertedin PLATFORM, THE SERVICES OR THE OFFERS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
LIMITED LIABILITY
10.1 To the maximum extent permitted by applicable law, in no event will Convertedin be liable to you or any other third party for lost revenues, lost profits or other special, incidental, indirect, punitive, consequential, relied or exemplary damages arising from your or any other third party’s use of or inability to use the services including, but not limited to, loss of technology, loss of data or interruption or loss of use damages whether or not Convertedin has been advised of the possibility of such damage or loss.
10.2 The maximum aggregate liability of Convertedin, its licensors, vendors and resellers arising out of or in connection with these terms of service, whether in contract, tort (including negligence, strict liability or otherwise), shall not exceed the actual fees paid by you for the service for the three months period immediately preceding the initial event giving rise to cause of action hereunder.
10.3 You may not bring any suit or action against Convertedin for any reason whatsoever more than one (1) year after the cause of action accrued. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.
DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION
11.1 If we are not able to solve a dispute amicably in due course, such dispute, controversy or claim arising out of or relating to these Terms of Service or the breach, termination or invalidity thereof shall be settled by a single arbitrator in accordance with the Arbitration Rules of the United States of America. The arbitration shall be held in the United States of America, and the arbitration proceedings shall be conducted in the English language.
11.2 These Terms of Service shall be governed by and construed in accordance with the laws of the United States of the America. The parties hereto consent to submit to the jurisdiction of the Courts of the United States of America for any actions, suits or proceedings arising out of or relating to these Terms of Service.
11.3 The existence and any material relating to arbitration proceedings shall be deemed confidential information. Notwithstanding the above, we may choose to submit any claim for unpaid fees or payments before the court of any competent jurisdiction. These Terms of Service shall be subject to the laws of India, excluding its choice of law provisions.
11.4 In the event a dispute arises between you and us, please email us at [email protected] and we will work quickly towards a solution.THE PARTIES EXPRESSINGLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS-ACTION IN ANY FORUM. YOU AGREE THAT DISPUTES BETWEEN YOU AND Convertedin WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
TERM AND TERMINATION
You agree to indemnify and hold Convertedin, its Partners, investors, officers, directors, affiliates, subsidiaries, licensors, agents and employees (collectively, the “Convertedin Parties”) harmless against any loss, liability, claim, demand, damages, penalties, settlements, costs and expenses, resulting from any claim (including third party claims), suit, action or proceeding against an Convertedin Party, or arising out of/ in connection with these Terms of Service or the documents it incorporates by reference, your use of the Service (including any actions taken by a third party using your account), or your violation of any law or the rights of a third party.
SEVERABILITY
In the event that any provision contained herein shall for any reason be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms of Service, and the remainder hereof shall remain in full force and effect and enforceable.
FORCE MAJURE
If either party is unable to perform any of its obligations hereunder (other than payment obligations) due to any act of God like fire, casualty, flood, war, strike, shortage or any other cause beyond its reasonable control, and if such party uses reasonable efforts to avoid such occurrence and minimize its duration and gives prompt notice to the other party, then the affected party’s performance shall be excused and the time for its performance shall be extended for the period of delay or inability to perform. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate these Terms of Service for convenience upon written notice to the other party. Please send any feedback and suggestions that You have for the Online Services to [email protected]. You agree that the Company is at liberty to use and incorporate the feedback and suggestions in the Online Services without affecting its rights and title in the Online Services. If you have any questions or concerns about what has been stated in this Terms of Service, please contact us at [email protected].
