Terms of Service  #

Last updated: June 17, 2017

The following Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the Internet website owned and operated by IP Sukhar Ruslan Sergeevich d/b/a Convertful (“Convertful”) and located at https://convertful.com/ and https://app.convertful.com/ (the “Site”) including all subdomains, subdirectories and subsidiary web pages therein and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific custom widgets, opt-in forms, screen elements and landing pages for online marketing purposes (the “Services”). Widgets, opt-in forms, screen elements and landing pages are collectively called “Widgets”. This Agreement is legally binding between you, the person using this Site, and Convertful. Terms such as “we,” “our” and “us” refer to Convertful.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO CONVERTFUL’S PRIVACY POLICY LOCATED AT https://app.convertful.com/terms/privacy/ (THE “PRIVACY POLICY”) AND CONVERTFUL'S SUPPORT POLICY LOCATED AT https://app.convertful.com/terms/support/, BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. 

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.

On our Site, we may provide short summaries of the terms and conditions from this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Convertful may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement #

To be able to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. This Site and the Services are not designed for or directed at children 13 years of age or younger. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by this Agreement.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Convertful, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services. 

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Account and Profile Information #

In order to access certain Services, you are required to create an Account by providing information about yourself (identification or contact details, such as username, email address and full name) as part of the registration process for the Services or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Convertful for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify Convertful immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Convertful immediately.

By providing us with your email address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that email address, as appropriate. We may use the provided email address to notify you about important changes, events and promotions on the Services. If you don't want to receive such notifications, you can unsubscribe from them in your Account settings.

Fees and Subscriptions #

You may access our Services with your Account by any of our Subscriptions:

  • Trial Subscriptions: free-of-charge and time-limited type of Services (hereinafter also referred to as “Trial Subscription” or “Trial”);
  • Paid Subscriptions: fee-based type of Services (hereinafter also referred to as “Paid Services”, “Paid Version” or “Premium”).

You shall pay all fees specified in any subscription plans to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. 

You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Paid Services. You may cancel your current Subscription before it renews each month or year in order to avoid billing of the next month's subscription fees to your Payment Method.

Except for refunds provided for cancellation of any Paid Subscriptions within the first seven (7) days (as described in the section below entitled Cancellation and Termination), there will be no refunds or credits for partial months or years of service or for periods in which your Subscription remains active but you do not use the Services.

We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations (“Differing Subscriptions”) in the form of purchased or received Subscription discount codes. If you have purchased a code sold by or received it from or on behalf of Convertful, for access to the Paid Subscriptions for the time period indicated on your email (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Convertful (“Limited Offer”), this Agreement applies to your access to the Services. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer, any materially different terms from those described in these Terms of Services will be disclosed at your sign-up or in other communications made available to you. Subject to any rights you may have under section entitled Cancellation and Termination, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes. We reserve the right to modify, terminate or otherwise amend our offered Differing Subscriptions. 

We reserve the right to modify, terminate or otherwise amend our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

Trial Subscriptions  #

At our discretion, we may offer discounted pricing for use of the Paid Services (a “Trial Subscription”). Once the terms of any Trial Program have expired, you agree that our normal billing rates for Paid Services shall apply. 

You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Subscription. You may not sign-up (create) for multiple Accounts in order to receive additional benefits under any Trial Subscriptions.

We may terminate or suspend a Trial Subscription at any time without notice or liability, and in our sole discretion, and we reserve the right to adjust pricing relative to any Services or product offered through a Trial Subscription. We are not responsible or liable for any adverse impact caused by or connected with a Trial Subscription.

A standard Trial Subscription is provided for the period of fourteen (14) days, starting on the first day following when you create an Account.

For some Trial Subscriptions we can require you to provide your payment details to start the Trial Subscription. At the end of such Trial Subscriptions, we may automatically start to charge you for the Paid Subscription on the first day following the end of the Trial Subscription, on a recurring monthly basis. By providing your payment details in conjunction with the Trial Subscription, you agree to this charge. If you do not want this charge, you must terminate you account through your Convertful account’s settings before the end of the Trial Subscription.

Submission of Content #

The Site and the Services available thereon enable you to provide, upload or import content, including but not limited to text, images, video, data, web pages and other information or content (collectively, “Content”), to Convertful for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.

All Content that belongs to you will belong to you. In addition, any Widget you create using our Services may be used by you for any lawful purpose, personal or business during your subscription term, provided however that you may not resell or license any template or other Convertful materials or content or otherwise violate any terms of this Agreement.

Note that if you cancel your subscription, Convertful will discontinue providing hosting and any integration and back-end services for your Widgets. This means that you will no longer be able to use your account to access the Widgets you have created using our services. Convertful will use Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, importing or otherwise providing any Content on or through the Site and/or the Services, you grant, and have all necessary rights and permissions to grant, to Convertful a transferable, sub-licensable, perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.

You also grant us a transferable, sub-licensable, perpetual, worldwide, non-exclusive, royalty-free license to use any Content that you have published, made public, post in any form and/or share with others for our marketing purposes, including publishing, making public in any form in connection with Convertful. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content that you post to the Service, except that you agree to waive your right to be identified as the author of any Content on the Service and your right to object to derogatory treatment of such Content.

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Convertful or Convertful’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Beta Tests #

Beta Tests may include, but is not limited to, alterations to the Services, modifications to how the Services are offered or provided, and changes to the software; usually designed to test for bugs, usability issues, or to evaluate user experience.

From time to time and at our sole discretion, we may initiate Beta Tests. We may implement, run, suspend, or terminate Beta Tests at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or other adjustment to the Site, Services, or means of providing the Services, will become part of the Services. We may deliver (and subsequently cease delivering) Beta Tests to all or any subset of Convertful Account holders at our discretion without prior permission at any time. 

If we decide to incorporate a tested product or service into the Convertful Services, we may adjust our prices accordingly. Convertful accepts no liability for any consequences resulting from, or related to, your participation in a Beta Test.

Attribution Links #

Convertful reserves the right to display Attribution Links such as “Powered by Convertful” in Widgets, theme author, and font attribution with no overlay of Content. If you use Paid Subscription, you may delete the Attribution Link by customizing your Widgets without displaying Attribution Link to Site (https://convertful.com/). Convertful also reserves the right to display Attribution Links such as “Powered by Convertful” along with Convertful logo in your Account.

Aggregated Data #

Convertful retains the right to use or distribute any Aggregated Data generated by our customers or users. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information.

Where you choose to use or connect Third Party Services along with usage of Convertful Widgets, you agree that Convertful may share your lead data with these designated Third Parties and use data provided by Third Party Services in connection with providing the Services, without liability. You are fully responsible for any and all Personal Information contained in any lead data or Content, and agree to abide by all applicable laws within your jurisdiction.

Monitoring #

You agree that we may monitor the Site and Services, including without limitation, any pages created using our Services. We may, where reasonable or necessary, disclose information to satisfy our legal obligations, protect Convertful or its customers, or operate or improve the Site or Services.

Convertful uses tracking cookies to track visits to your pages, and page views, in order to calculate conversion rates per page and traffic usage per Account. It is your responsibility to adhere to all applicable laws within your jurisdiction regarding the disclosure of such monitoring, and Convertful disclaims all liability in this area.

We reserve the right to monitor the security and preserve the integrity of our Site, resources, data, Widgets, Content, and intellectual property (yours, ours, and Third Parties’). By using the Services, you agree that we may, with or without prior notice or notification, for any reason, and at our sole discretion, immediately suspend your access to the Services or Site, remove and/or request that you remove pages and Content, and/or terminate this Agreement. Reasons for removing Content or pages, or requesting their removal, may include, but are not limited to, security threats, intellectual property violations, attempts (whether or not successful) to access unauthorized data or other Content, or the presence of Content or pages that in any way violate this Agreement (including the Privacy Policy) or place Convertful, our customers, business, affiliates, partners, or licensors at risk, as determined solely by us. Suspension of use and access is not a breach of this Agreement by Convertful, and your Account/Content/pages may be reinstated when the threat or risk has been remedied, at our sole discretion. Convertful disclaims all liability for suspending the Site or Services, removing or requesting the removal of Content or pages, or terminating this Agreement, and you have no claim to any form of compensation or damages arising from such action.

Intellectual Property Rights #

All right, title, interest and ownership and intellectual property rights in and to the Site, Convertful trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Convertful or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to Convertful. The Site is protected under international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, Convertful grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Convertful related to the Services, the Site or Convertful or its business (“Feedback”) shall become Convertful’s property without any compensation or other consideration payable to you by Convertful, and you do so of your own free will and volition. Convertful may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Convertful may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Convertful in any Feedback and, as applicable, waive any moral rights.

Convertful owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Convertful or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Convertful or its Affiliates.

Confidential Information #

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Convertful during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

Acceptable Use and Conduct #

You agree that that you will not publish or make available any Content that, or use the Site in a manner that:

  • except where expressly permitted, engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines;
  • contains software viruses, Trojan horses 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;
  • is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
  • is harmful to minors in any way;
  • is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Convertful;
  • infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
  • impersonates a Convertful employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
  • interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of Convertful;
  • uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
  • facilitates the unlawful distribution of copyrighted Content;
  • licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;
  • includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
  • constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
  • stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
  • collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
  • attempts to gain unauthorized access to the computer systems of Convertful or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
  • posts adult or pornographic Content;
  • decompiles or reverse engineers or attempt to access the source code of the software underlying the Site, the Services or any other Convertful technology;
  • copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
  • accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
  • accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
  • accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.

Fair Usage Limits #

Unless otherwise agreed to in writing or in any other communication, you are subject to the following usage limits of Services with your Account:

  • Number of connected sites: 10 (ten);
  • Number of created widgets (opt-in forms): 100 (one hundred);
  • Number of monthly impressions of all created widgets on all websites: 5,000,000 (five million).

An impression is counted each time a Widget shows on the page(s) it is embedded on.

Usage in excess of these limits will be subject to Subscription upgrade to a plan which meets your Services usage needs. Convertful retains the right to modify the foregoing usage limits and/or to create new limits at Convertful’s sole discretion. Convertful’s failure to enforce at any time any of the foregoing usage limits shall not constitute a waiver of any such limit or of any other provision in this Agreement.

Disclaimer of Warranties #

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONVERTFUL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

CONVERTFUL DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, CONVERTFUL MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT CONVERTFUL, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. CONVERTFUL MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.

CONVERTFUL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY CONVERTFUL, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY CONVERTFUL.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. CONVERTFUL DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONVERTFUL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY CONVERTFUL FROM ITS FACILITIES IN THE UNITED STATES. CONVERTFUL MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Third Party Sites and Content #

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Convertful’s control, and you acknowledge that Convertful is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Convertful or any association with its operators. You further acknowledge and agree that Convertful shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

Third Party payment services that you choose to link to, embed, or otherwise incorporate into your Widgets are governed solely by the Third Party’s terms of use and privacy policies. We are not responsible for actions taken by any Third Party service provider, or for changes to their terms or policies.

Limitation of Liability / Exclusion of Consequential and Related Damages #

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE THIRTY SIX (36) MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN Convertful AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT CONVERTFUL WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Convertful reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Convertful shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity #

You agree to indemnify, defend, and hold harmless Convertful, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Convertful reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Convertful and you agree to cooperate with Convertful’s defense of these claims. You agree not to settle any matter without the prior written consent of Convertful. Convertful will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Cancellation and Termination #

If you wish to cancel your Subscription, you can do so by logging into your Account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first seven (7) days of opening your Convertful Account, you will receive a refund of your Subscription fee.

Upon cancellation of your Subscription, Convertful is under no obligation to maintain or store your account information or Content. Convertful may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Convertful’s processes and practices.

Convertful reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Convertful may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Convertful also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses. Convertful reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

Refund Policy #

If at any time within the first seven (7) days of opening your Paid Subscription Account you decide to cancel your Subscription, contact our Support Team. Free Trial accounts are not eligible for refunds.

We will stop your Subscription and issue you a refund. Your request for a cancellation must be received within twenty four (24) business hours of the seven (7) days of the date and time of opening your Paid Subscription Account. While some refunds may be instant, refund credit can take up to five to ten business days to show up in your credit card statement.

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.

Agreement to Governing Law and Jurisdiction #

If there is any dispute between you and Convertful about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in West Palm Beach, Palm Beach County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Convertful may seek and obtain injunctive relief in any jurisdiction.

Severability #

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies #

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Convertful does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Convertful has the benefit of under any applicable law), this will not be taken to be a formal waiver of Convertful’s rights and that those rights or remedies will still be available to Convertful.

Surviving Provisions #

The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Marketing Materials #

Should you receive newsletters, blog posts, articles, or other marketing initiatives and non-Account-related materials from Convertful, you may opt-out at any time by clicking “Unsubscribe” at the bottom of these communications. Doing so may have a material impact on our ability to provide best-in-class Services to you and notify you of newest features, and we are not responsible for any such effects.

Manner of Giving Notice #

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.

Limitation of Time #

You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.