Terms of Service

Updated June 16, 2020


Your use of and access to the Qonversion website and all of its affiliated websites, products and services (collectively, the “Qonversion Service”) is subject to your compliance with these terms of use (the “Terms”), so please read these Terms carefully. Qonversion, Inc. (“Qonversion”, “we”, “us” or “our”) reserves the right to limit or terminate your access to the Qonversion Service if you do not comply with these Terms. By accessing and using the site in any way, you agree to be bound by these terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THE Qonversion SERVICE IN ANY MANNER. If you are using the Qonversion Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. You must be over the age of 13 to use the Qonversion Service.

Changes in Terms of Use

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Qonversion Service. Use of the Qonversion Service constitutes your acceptance of any modified Terms.

Ownership and Privacy

All User Data you transmit, upload, publish or display (hereinafter “distribute”) on or through the Qonversion Service is, and will always remain, your data. Qonversion does not take any ownership rights in the User Data. All we require from you is a license to allow us (and our third party providers) to host, transmit and display your User Data, solely so we can provide the Qonversion Service to you. We may modify your User Data to create previews or thumbnails or to otherwise provide the Qonversion Service, but we do not claim any ownership in your User Data because of such modifications. We do not have any visibility into the information stored in your User Data. We do not monitor User Data, and it is your responsibility to ensure that you have the appropriate permissions to upload your User Data to the Qonversion Service. We will not share User Data with a third party unless directed by you (for example, if you elect to share your User Data with other users) or if you are part of a Team Account (defined below).

User Conduct and Responsibilities

Your use of the Qonversion Service is subject to all applicable local, state, national and international laws and regulations. Without limitation, you agree to not use the Qonversion Service to upload any User Data that:

is illegal under or otherwise violates any local, state, national or international law;

violates the rights of any party (including without limitation rights of privacy and publicity);

infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;

introduces viruses 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;

you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

in our sole judgment, which may expose Qonversion or its users to any harm or liability of any type.

User Account

If you wish to use the Qonversion Service, you must register and create a user account (“User Account”), and you must create truthful and accurate information. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.

User Data

You own and are solely responsible for any User Data that you transmit, upload or display (hereinafter “distribute”) on or through the Qonversion Service. You grant Qonversion the right to use your User Data solely for the provision of the Qonversion Service.

If you become aware of any misuse of the Qonversion Service, please report immediately to Qonversion at [email protected].

Team Account

Your organization may establish a multi-person team account (“Team Account”) that allows them to link your User Account to the organization’s Team Account. Once your User Account is linked to a Team Account, anyone with access to that Team Account may be able to see, modify, delete, access or copy your User Data. If your organization’s Team Account is terminated, your User Content will be deleted. You should work with your organization’s administrator if you have any questions about a User Account that is linked to a Team Account.

Fees and Payments

Qonversion charges fees for the use of certain features or aspects of the Service, which are described with those features and services. These fees are subject to change at any time unless specifically negotiated otherwise with you. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased. Some Services may start with a free trial. We will not charge your account during the free trial period. You must cancel your subscription before your billing period renews to avoid the billing of the next period’s fees to your account. You will not receive a refund for any partial billing period cancellation. To cancel your subscription please contact the sales team.

Suspension, Termination

Qonversion reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Qonversion Service with 10 business days notice and without liability. If we suspend your usage of any paid service, we will stop billing you during such suspension. You will not receive any refunds if your access to the Qonversion Service is suspended or terminated due to your breach of these Terms.

Links to Other Websites and Content

The Qonversion Service contains (or you may access through the Qonversion Service) links to other web sites belonging to third parties (“Third Party Services”). Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Qonversion, and Qonversion is not responsible for any Third Party Services accessed through the Qonversion Service or any Third Party Content linked or posted through the Qonversion Service. Qonversion uses a third party to process payment transactions. Qonversion does not ask for, transmit or collect your personal or payment information. Any issues with payments related to the Qonversion Service should be directed to our third-party payment provider.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Qonversion Service (“Submissions”), provided by you to Qonversion are non-confidential and shall become the sole property of Qonversion. Qonversion shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Privacy Policy

Your privacy is important to us! Use of the Qonversion Service is governed by our Privacy Policy.

Qonversion Service Content

The Qonversion Service is the proprietary property of Qonversion, its users or its licensors with all rights reserved. Qonversion grants you a limited, revocable license to use the Qonversion Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Qonversion’s intellectual property rights, whether by estoppel, implication or otherwise. The Qonversion Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Qonversion Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Qonversion Service. Qonversion, Qonversion and the Qonversion logo are trademarks of Qonversion, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

Modifications to Qonversion Service

Qonversion reserves the right to modify or terminate any or all portions of the Qonversion Service with or without cause at any time and effective immediately. Qonversion shall not be liable to you or any third party for termination. Should you object to any modifications to the Qonversion Service or become dissatisfied with the Qonversion Service in any way, your only recourse is to immediately discontinue use of the Qonversion Service.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Qonversion may broadcast notices or messages through the Qonversion Service to inform you of changes to these Terms, the Qonversion Service, or other matters of importance. Such broadcasts shall constitute notice to you.

Disclaimers

The Qonversion Service may be temporarily unavailable from time to time for maintenance or other reasons. Qonversion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Data. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE QONVERSION SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. QONVERSION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

QONVERSION MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) THE QONVERSION SERVICE OR ANY THIRD PARTY SERVICES, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QONVERSION SERVICE, OR (ii) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR USER CONTENT. QONVERSION DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

USE OF THE QONVERSION SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SITE OR YOUR USER CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL QONVERSION BE LIABLE TO YOU ON ACCOUNT OF (i) YOUR USE OR MISUSE OF OR RELIANCE ON THE QONVERSION SERVICE, OR (ii) YOUR INABILITY TO USE THE QONVERSION SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR QONVERSION SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QONVERSION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF QONVERSION OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

Indemnity

You agree to indemnify and hold Qonversion, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Qonversion Service, the User Content you provide, or any violation of these Terms or of any law or the rights of any third party.

Miscellaneous

Waiver and Severability of Terms. The failure of Qonversion to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Qonversion. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law provisions. You and Qonversion agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Delaware, United States of America.

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