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    Terms & conditions

    About the Website
    Welcome to https://notifyecho.com (“Website”) owned and operated by NotifyEcho and any of its subsidiaries and affiliates (“Company”, “we”, “us”, or “our”). These General Terms and Conditions (these “Terms”) govern your use of our Website and all related products, services, tools, mobile applications, web applications, and any other technology platforms or tools located at any Company websites, including without limitation, successor website(s) or application(s) thereto (collectively, the “Services”). The terms “you,” “your” or “user” refers to you, the user. If you are using the Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.
    Important notices
    PLEASE READ THESE TERMS, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
    These Terms Set Forth a Legally Binding Agreement
    Please read these Terms very carefully before accessing or using the Services. By using/continuing to use the Services, you acknowledge you have read, understand and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of this agreement for your records. If you do not agree to all the terms and conditions of these Terms, then you may not access or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
    Eligibility to Use the Services
    You may not use the Services or accept the Terms if you are not of legal age to enter into a binding contract with us. To use the Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these Terms with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services. You warrant and represent that you (a) have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and (b) nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
    If you are agreeing to these Terms or registering an Account on behalf of a business, association or other entity, you represent and warrant that you have the authority to bind the business, association or other entity to these Terms and that the business, association or other entity will be bound by these Terms.
    Privacy Policy
    Please refer to our Privacy Policy for information about how we collect, use, store and disclose your personal information.
    The services
    • Services
      We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
    • Relationship Between You and Respondents
      We are not a party to any contractual relationship between you and your customers or form respondents (collectively, “Your Respondents”). You are solely responsible for all aspects of your relationship with Your Respondents, including: (i) entering into suitable contractual arrangements; (ii) providing products or services, and honoring any bookings made through the Services; and (iii) collecting payment and arranging refunds, if applicable. You are also responsible for ensuring that Your Respondents are aware that their personal information may be or is being provided to and processed through the Services, including, if necessary, obtaining all necessary consents and authorizations for such usage. Further, you represent, warrant and covenant that: (1) your creation, collection, receipt, access, use, storage, disposal, and disclosure of data and/or information (including, but not limited to, as obtained you’re your Respondents) does and will at all times comply with all applicable federal, state, and international privacy and data protection laws, rules, regulations and directives; (2) you will not provide us with any data and/or information in violation of any applicable laws, rules, regulations or directives; and (3) you will treat Your Respondent data and/or information in accordance with our Privacy Policy.
    • Feedback
      By sending us any feedback, comments, questions, ideas, proposals, or suggestions concerning Company or any of our Services whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (1) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (2) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (3) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into our Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without any credit or compensation to you. This Feedback section shall survive any termination of your account or any aspect of the Services.
    • Third-Party Websites
      Certain content, products, and services available via the Services may include materials from third-parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third-parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.
      You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).

      We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party’s permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
    • Errors, Inaccuracies and Omissions
      Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services’ descriptions, pricing, promotions, offers, and availability. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
    User account and security
    • Agreement to Provide Accurate Registration Information
      In order to access the Services, you must first register for an account through the Website (”Account”). As part of the registration process, and as part of your continued use of the Services, you will be required to provide some personal information including, but not limited to, your email address and to create a preferred username and password. By creating an Account, you agree to (i) provide accurate, correct and up to date registration information about yourself, (ii) maintain and promptly update as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide us, and (iv) immediately notify us of any unauthorized use and/or any breach of security of the Services or your Account which you become aware or reasonably suspect.

      Once you have completed the Account registration process, you will be a registered member of the Website (a “Member”). As a Member you will be granted immediate access to the Services from the time you have completed the Account registration process until either the end of the free plan, or if you have purchased a Subscription, until the Subscription Period expires or is canceled. Sharing your Account information with any individuals or third party is strictly prohibited and may result in the immediate cancellation of your Account and/or the Services. You are responsible for all use and activity carried out on your Account.

    • Consent to Receive Electronic Communications
      By creating an Account, you consent to receive electronic communications from Company (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by requesting it through support or by following the unsubscribe instructions provided on these emails.
    • User is Responsible for Equipment and Software to Connect to Services
      You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
    • User Submission of Personal Information
      By submitting personal information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.
    • Company May Suspend Accounts
      Company reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) we discover you have created multiple Accounts for the same user, or (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes. Under no circumstances shall Company or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of goodwill, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).
    • User May Not Use the Services for Illegal Activity
      You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud Company, other users, or any other person; (v) provide false, inaccurate, or misleading information; (vi) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity (including, without limitation, tax evasion or money laundering); (viii) harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; (ix) exploit the Services for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (x) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (xi) create user accounts by automated means, or under false or fraudulent pretenses; (xii) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services; or (xiii) upload, post, transmit, or otherwise make available through the Services any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable and/or harassing, threatening or intimidating to any other person or entity.
    Consent to use member content; Statistical information
    • Member Content
      By creating an Account, you grant to Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public any material, content, data or information you create, generate or transmit through the Services (collectively, “Member Content”). We reserve the right, but are not obligated, to monitor, review, verify, edit, modify or delete Member Content. Company cannot and does not assume any responsibility or liability for any Member Content you post, publish, submit or otherwise transmit, or your or third parties’ use or misuse of Member Content transmitted or received using the Services. In addition to these Terms, we may, from time to time, provide guidelines or restrictions on the content that may or may not be included in your forms or Member Content.

      You may only request credit/debit card details via the checkout of a secure payment gateway integrated with the Services (e.g., Stripe, PayPal Business, Square, Braintree, etc.). If you request credit card information or other sensitive information (such as social security numbers), our system will automatically notify us, and we will review the content of the form. We reserve the right to remove, delete or take down at any time and without justification to you any forms or Member Content that you create through the Services that actually or apparently breach these Terms or the intellectual property rights, privacy rights or other rights of any third party.

    • Statistical Information
      We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services (“Statistical Information”) including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information.
    Subscription plans
    • Hobby plan
      When you register for a new Account, you will be automatically set on the Hobby plan. While we will default your account to “Hobby plan”, you can change it at any time through your Billing settings.
    • Subscription to use the Services
      Once you have changed your plan to other than the Hobby plan, you will be required to purchase a subscription (“Subscription”) and pay the applicable fee for the selected Subscription (the “Subscription Fee”) to continue using some of the Services and the Subscription plans. A description of features associated with Subscriptions is available via the Website. By purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you select is suitable for your intended use.

      Your subscription will start when you have paid the Subscription Fee and will continue until the end of the subscription period you have selected (“Subscription Period”). At the end of the initial Subscription Period, your Subscription will automatically renew for a further Subscription Period on the same terms as the initial Subscription Period, unless you cancel your Subscription before it renews. We may but are not obligated to send you any renewal notices or other reminders at the end of the Subscription Period. It is your sole responsibility to monitor your Account and promptly advise us of any changes to your Account or Subscription, including cancellations.

    • Changes to Price Terms for Subscriptions
      Company reserves the right to change its pricing terms for Subscriptions at any time, in which case Company will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you and/or the general public. If you do not agree with the changes to Company’s pricing, you may choose not to renew your Subscription in accordance with the section “How to Cancel Your Subscription.”
    • How to Cancel Your Subscription
      You can cancel the renewal of your Subscription at any time within your Account settings. All amounts are payable and charged at the beginning of the Subscription and, because each such Subscription renews automatically for an additional period equal in length to the expiring Subscription Period until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period. You will not receive a refund for the Subscription Fees you already paid for your current Subscription Period outside of our Refund Policy and you will continue to receive the Services ordered until the end of your current Subscription Period.
    • Future Functionality
      You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Company regarding future functionality or features.
    Payment
    • Payment processors
      Company uses third-party providers (i.e., Stripe) to securely store your payment card information and process your payments (“Payment Processors”). When you purchase a Subscription or otherwise make an order through the Services (a “Transaction”), our Payment Processors may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You will provide all Payment Information directly to our Payment Processors. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you agree (i) to pay the applicable fees and any taxes; (ii) that our Payment Processors may charge your credit card or third party payment processing account, for verification, pre-authorization and payment purposes; and (iii) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Company until accepted and confirmed by Company. All payments made are non-refundable and non-transferable except as expressly provided in this Agreement. When making any payment using Stripe in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe’s Connected Account Agreement, which includes the Stripe Services Agreement.
    • Transaction Cancellation; Verification
      Company reserves the right to not process or to cancel your Transaction in certain circumstances, for example, if your credit card is declined, if we suspect the request or Transaction is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Transaction. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Company will either not charge you or refund the charges for Transactions that we do not process or cancel.
    • Fee Disputes
      If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Company.
    • Chargebacks
      We may institute a chargeback policy as we deem appropriate in the event that you or your bank does not honor a payment obligation or if our Payment Processors question our ability to collect funds from you. As part of such chargeback policy, we may in our sole discretion suspend, terminate, or otherwise limit your ability to use the Services or otherwise take any action we or our Payment Processors deem necessary.
    • Refund policy
      We will only provide you with a refund of the Subscription Fee if you: (i) cancel your Subscription within the first seven (7) days of your initial Subscription Period, by making a request for cancellation and refund within 7 days of the Subscription Fee charge transaction taking place for monthly subscriptions, and 30 days of the Subscription Fee charge transaction taking place for annual subscriptions, or (iii) are unable to use or access all or a material part of the Website or Services for a prolonged period as a result of a significant failure or defect in the Services’ technology. Where such technology failure or defect occurs, we will provide you with a prorated refund. Company will process refund requests under this paragraph within a reasonable period of time and return funds to the payment account from which payment was drawn. A refund in accordance with this Section (Refund policy) is your only remedy in the event of any downtime or defect in the technology. We will not be liable to you for any other compensation, including for business interruption or loss of business.
    Copyright and intellectual property
    • NotifyEcho content
      The Services and all of the related products and content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (collectively, “NotifyEcho content”) are owned, controlled and are reserved to Company, our content providers, or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable laws in Portugal and other countries through international treaties. Nothing in these Terms or your access or use of the Services transfers or grants to you any rights, title or interest to you in relation to the NotifyEcho content.
    • Company marks
      Your access to and use of the Services does not grant you any license or right to use any copyrighted materials or any trademark, logo, or service mark displayed on the Services (collectively, the “Marks”). Company, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Company neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties. Our Marks may not be used in connection with any website, product and/or service without our prior written consent and the permission of any other relevant rights owners.
    • Restrictions on use
      You may access the Services only for your permitted use under these Terms of Service, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any material you access. You agree not to display or use in any manner the Company marks without Company's advance written permission.
      All software used on the Services is the property of Company or our licensors and protected by Portugal and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
    • Reservation of rights
      All rights not expressly granted herein are reserved by Company, our affiliates, and licensors. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
    Digital Millennium Copyright Act (“DMCA”)
    We respect the intellectual property rights of others and require that the individuals and businesses/organizations that use the Services do the same. It is our policy to respond promptly to any claim that NotifyEcho content infringes the copyright or other intellectual property rights of any person. Company will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action the DMCA and these Terms. If you believe that your copyrighted work is infringed by NotifyEcho content, please provide a written DMCA notice to Company at: [email protected]
    • Filing a DMCA “Take Down” Notification
      If you are a copyright owner or an agent thereof and believe that any NotifyEcho content in a way infringes upon your copyrights, please send us a take-down notification (“Take-Down Notification”) pursuant to the DMCA by providing us with the following information in writing
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
      • A detailed description of the copyrighted work that you claim has been infringed upon, or, if multiple copyrighted works, a representative list of such works at that website
      • A detailed description of the material that is alleged to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; **Providing the URL where the alleged infringing material is located on the Website and a screenshot and/or printout of the alleged infringing material is the best way to help us locate content quickly**
      • A statement by you (the complaining party) that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law
      • Your (the complaining party) full contact information, including your full name and/or the name of your business/organization, mailing address, telephone number and email address
      • A statement by you (the complaining party) that the information in your notification is accurate, and under penalty of perjury, that you are the copyright owner and/or are authorized to act on the copyright owner’s behalf; and
      • *(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
    • Responding to a DMCA Notice with a Counter-Notification
      We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective Take-Down Notification.
      You have ten (10) business days after receipt of a Take-Down Notification to send us an effective Counter Notification or the allegedly infringing material may not be restored.
      If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent or pursuant to the law, to mint and use the material, you may send us a counter notification (“Counter Notification”) containing the following information
      • Your physical or electronic signature
      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
      • A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Portugal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement to us
    • Where to Send a DMCA Request
      You must submit your DMCA Take-Down Notification and Counter Notifications to us by email. The subject/heading of the email shall be: NotifyEcho Take Down Notification.
    • DMCA Notices Must Comply With These Requirements
      Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
    • Company has the Right to Remove Allegedly Infringing Content
      We reserve the right to remove any content that allegedly infringes another person's copyright or trademark rights, thereby restricting access to or visibility of the Services. Additionally, Company reserves the right to terminate any Subscription if there are more than three (3) repeat instances or complaints of copyright infringement against a specific user. Where a Subscription is purchased under the Agency Plan, three (3) repeat copyright infringements committed by either the Admin, Users or Viewers will result in our termination of the business/organization’s Agency Plan. Company shall not be liable to you for any content that was subsequently taken down by Company pursuant to a valid Take-Down Notification or a determination of a user’s violation of these Terms.
    Disclaimers
    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (i) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, (iii) THE QUALITY OF THE SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (iv) THE SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/ OR DESTRUCTIVE NATURE, OR (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
    COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR CONSUMPTION OF ANY CONTENT; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; OR (vii) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS OF SERVICE.
    Limitations on our liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OF SERVICE OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR THE ACCESS TO AND USE OF THE SERVICES, EXCEED USD $100.
    Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.
    Indemnity
    You agree to indemnify, defend and hold harmless Company, and its subsidiaries, affiliates, partners, officers, directors, employees, agents, contributors, third party content providers, service providers, subcontractors, suppliers, interns and licensors from and against any and all actions, suits, claims, proceedings, investigations (whether formal or informal), demands, liabilities, costs, expenses, losses and damages (including reasonable attorneys’ fees and expenses), or threats thereof, due to, arising out of or relating to: (a) Member Content; (b) your relationship with Your Respondents; (c) your violation of (i) any laws, rules or regulations or (ii) the rights of a third-party; (d) your access or use of the Services; and/or (e) your breach of the Terms or the documents they incorporate by reference.
    In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account/on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this Section will survive any termination of your Account, these Terms, or your access to the Services, including the purchase or use of any benefits through the Services.
    Communications
    Company may communicate with you using email, phone calls, chatbots and text messages, including autodialed or prerecorded calls and text messages, at any email address or telephone number that you provide us, to: (a) notify you regarding your Account; (b) provide customer support; (c) troubleshoot problems with your Account; (d) resolve a dispute; (e) collect a debt; (f) poll your opinions through surveys or questionnaires; or (g) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
    If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Company marketing text list, you must reply STOP to any mobile message. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your Account or these Terms.
    YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
    Company may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations or chatbot exchanges you have with Company or its agents for quality control and training purposes, or for our own protection.
    Termination; Effect of Termination
    • Termination
      If you want to terminate these Terms, you may do so at any time for any reason or without reason by canceling your Subscription through your Account settings, and ceasing use and deleting your Account. We may terminate, limit, or suspend your access to all or any part of your Account at any time, with or without cause, or with or without notice, effective immediately, and such termination may result in the destruction of all information and data associated with your use of the Services. We reserve the right to cease operating the Services, without notice and for any reason.
    • Effect of Termination or cancellation
      Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate; and (ii) you must immediately cease all use of the Services. Canceling your Account may cause the loss of certain information you provided us and/or the capacity of your Account. We do not accept any liability for such loss. Termination of your Account shall not relieve you of your obligations to pay amounts accrued or owing, nor affect any legal rights or obligations which may have arisen under these Terms prior to or at the date of termination. If we need to remove your Account and delete your data (including previous form submissions), we will take commercially reasonable efforts to provide you with written notice in advance so that you may download or back up any data before we remove your Account, except to the extent prohibited by law, in violation of third-party rights, or in the event doing so may expose us to liability.
    Dispute resolution
    • Resolution Without Proceedings
      We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved in accordance with this section. Upon written notice by either party, a Dispute will be submitted to the other party, who will meet and employ their best efforts to negotiate an amicable resolution of the Dispute. Unless the parties otherwise agree, this meeting and negotiation will occur no later than ten (10) days from the date of submission of the Dispute to such party.
    • Mandatory Arbitration of Disputes
      Any dispute that the parties are unable to resolve through the above procedure within thirty (30) days from the date of submission of the Dispute to the other party will be submitted to binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the Portugal justice court governs the interpretation and enforcement of these Terms, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    • Exceptions
      As limited exceptions to on the point above on this section: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
    • Injunctive and Declaratory Relief
      Except as provided in this section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    • Class Action Waiver
      YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    Miscellaneous Terms
    • Applicable Laws and Jurisdiction
      The Terms are governed by the laws of Portugal. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Portugal, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
    • These Terms May Change
      We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms by posting updates and changes to the Website. We may elect to notify you of such changes by mail, email, posting of modified Terms, or some other similar manner. However, it is your responsibility to check the Website regularly for changes to these Terms. Your continued use of or access to the Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
    • Severance
      If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, the part deemed void or unenforceable shall be severed from the Terms and shall not affect the validity and enforceability of the remaining provisions in the Terms.
    • Survival
      Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
    • No Assignment of the Terms
      You may not assign these Terms to any other party. We may assign these Terms or delegate any or all of our rights and responsibilities under these Terms to any third parties, without notice to you.
    • Waiver
      No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
    • Headings
      The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
    • Entire agreement
      These Terms and any policies or operating rules posted by us on this website or in respect to the Services constitutes the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
    • General Data Protection Regulation
      EU General Data Protection Regulation (EU) No. 2016/679 and UK General Data Protection Regulation (UK) applies to our relationship with you.
    • Contact information
      Please feel free to contact us with any questions, comments or concerns, regarding these Terms via our online support services. You can also contact us via email at [email protected].