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TERMS OF USE

EFFECTIVE DATE: June 5, 2019

Welcome to the website (“The Website”) and Service (‘The Service’) of Convert Insights, Inc. (‘Convert’). Use of and access to the website and the services is subject to your compliance with the following terms. Convert reserves the right to limit or terminate your access to both if you don’t comply.

Acceptance of Terms

Your access to and permission to use the Services are governed by these Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR THE SERVICES. BY ACCESSING AND USING THIS WEBSITE IN ANY WAY YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THIS WEBSITE OR THE SERVICES IN ANY MANNER. These Terms of Use are entered into by and between Convert and you.

Basically

By using the site, services and tool you agree to everything on this long page.

Subscription, Registration

To use the Services, you are required to register by establishing a profile. Certain Services are only accessible to you if you pay additional fees. Failure to provide the information requested will result in a failed registration and no access to the Service.

Basically

Register if you want to use the services and some stuff is paid for.

Free Trial

If you register for a free trial of the Service, Convert will make the Service available on a trial basis and free of charge until the earlier of (i) the end of the free trial period or the start date of your subscription to any of the plans offered by Convert (ii) If Convert applies additional terms and conditions on the trial registration Web page, these changes will apply as well. During the free trial period: (i) the Services are provided “as is” and without a warranty of any kind (ii) Convert may suspend, limit, or terminate the Service for any reason at any time without notice, and (iii) Convert will not be liable toward you for damages of any kind related to your use of the Services.

Basically

You can give us a try with certain limitations.

Payment Services

To use the Services, you are required to pay the fees described on the Website by giving your credit card information and agreeing that Convert may charge that credit card a monthly fee until you close your account. The monthly fee is set forth at https://www.convert.com/pricing/. Convert may terminate your account or suspend provision of the Services in the event that a monthly charge is rejected by the credit card company. Convert reserves the right to modify its billing terms, including payment and deposit requirements, at any time and such modified billing terms will be reflected in an updated version of such terms posted on or linked to from the Convert's Website or by e-mail notification to you. If you do not consent to such modified terms, you may renegotiate or terminate the program and the associated program terms at any time by providing written notice to Convert within thirty (30) days of such notice. Alternatively you may direct Convert to stop charging your credit card and to close your account. No refunds under any circumstances. All credit card details will be handled securely to ensure confidentiality and SSL encryption is employed to ensure sensitive data is protected. Convert has a response time for customer queries via email or telephone and we will respond within 48 hours.

Basically

You pay, you get access. You stop paying, we close your account.

Limitations on your use of the Convert Insights Inc. Services

You agree not to do any of the following: (i) access or use the Services for any purpose other than for your company’s internal business purposes; (ii) permit any third party to access or use the Services, except for Seller who can have access as part of the Support provided in connection with the Plan and the Services; (iii) distribute any data collected by you through the use of the Services to any third party; (iv) access or use the Services not in accordance with these Terms of Use; (v) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Convert; (vi) use any data in violation of any applicable law or regulation including, but not limited to, GDPR (the EU General Data Protection Regulation) and those who are protected by it; (vii) attempt to decipher, decompile, disassemble, or reverse engineer any of the Services; (viii) distribute, modify, or copy the Services or pages from the Website; (ix) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels; (x) share or disclose your password with anyone, whether within your organization or otherwise (you are responsible for safeguarding the password, and you agree not to allow any third party to access or use the Services). You agree to immediately notify Convert of any unauthorized use of your password.

Basically

Be truthful on who you really are, otherwise we close the door for you.

Privacy Policy

Convert respects your desire for privacy. Convert’s Privacy Notice can be found here. By using the Website, you are consenting to the terms of our Privacy Notice. You should particularly read our Privacy Notice and our Cookie Policy if you are an EU resident, because it shows how we comply with GDPR and this is important to you.

Basically

We care about privacy and have a very long page to prove that.

Limitation to Third Party Websites

This Website may contain links to third-party sites which are not under the control of Convert and Convert is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Convert is providing these links to you only as a convenience, and the inclusion of any link does not imply that Convert endorses or accepts any responsibility for the content on such third-party site. Remember that these third-party sites have separate Privacy Notices and Cookie Policies which you should read, particularly if you are an EU resident because they may not have the same level of data protection that you may expect.

Basically

We sometimes link to other sites that means no endorsment or responsibily on our end.

Integrations

Convert allows you to easily integrate any third-party tool to the Website, these integrations are currently available on https://www.convert.com/integrations/. You can use these Third-Party integrations in connection with the Service, nonetheless, Convert does not warrant or support Third-Party Products and disclaims all responsibility and liability for these items, their use or their access to the Service, including the modification, deletion, disclosure, or collection of your Data. Convert might add, suspend or disincorporate the use of these third-party integrations at any given moment for any given reason.

Basically

You can incorporate and use the different integrations we have available, but we cannot be responsible or liable for their use.

Competition

The Services are not available to competitors of Convert, and competitors of Convert are hereby expressly prohibited from using or accessing the Services. Furthermore, by using the Services, you are certifying that you are not a competitor of Convert and that you will not share or otherwise disclose the Services or the data collected through the use of the Services with a competitor of Convert. You further agree that you will not in the future engage in competitive business with Convert.

Basically

You wanna see how awesome we are, come to a live demo, do not register.

Taxes

You are responsible for paying all sales and use tax and any other applicable taxes with respect to the purchase, acquisition and use of the Service. You are also responsible for any penalties, and any interest that accrues thereon in connection with the payment of such taxes.

Basically

Do your taxes.

Disclaimer of Warrannties

THE SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONVERT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. CONVERT WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF CONVERT’S SERVICES. CONVERT DOES NOT GUARANTEE THE ACCURACY OR VALIDITY OF ANY DATA COLLECTED THROUGH THE USE OF THE SERVICES. CONVERT SHALL NOT BE RESPONSIBLE FOR YOUR USE OF THE SERVICES OR ANY CHANGES TO OR DISABLEMENT OF THE FUNCTIONALITY OF YOUR WEBSITES THAT MAY OCCUR THROUGH THE USE OF THE SERVICES. CONVERT DOES NOT CLAIM THAT THE DATA AND INFORMATION YOU OBTAIN THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, RELIABLE, VALID OR ERROR-FREE. YOU RELY ON THE DATA YOU OBTAIN THROUGH THE USE OF THE SERVICES AT YOUR OWN RISK. YOU HEREBY RELEASE CONVERT FROM ANY SUCH RESPONSIBILITY OR LIABILITY.

Basically

We will do our very best to make data accurate, just do not sue us if it is not.

Indemnity

You agree to defend, indemnify, and hold harmless Convert, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of (i) your violation of these Terms of Use, and/or (ii) violation of applicable law.

Basically

The team works hard, leave them alone.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Convert.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Additionally, any content you upload, submit, or otherwise add to your account, must have previously obtained any necessary licenses, rights, consents, and permissions to the use of such Content. As such, you agree that none of the aforementioned content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.

You agree not to hold Convert Insights, Inc., responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add in relation to the Service.

Basically

Great you love our images and words, don’t copy them but let them inspire you. Also, if you use third-party images and words, make sure you have all necessary permissions.

Technology

This is a subscription to access and use of the Service, you acknowledge you are only receiving a limited right to use the Service provided by Convert and that regardless of the use of terms such as “Purchase” “Sale”, “Acquire”, or similar, no ownership rights are being transferred to you or your affiliates. Convert, retains all rights, title and interest of the technology behind the service provided and reserves any license not specifically granted in these Terms.

Basically

Our platform and the technology behind it are ours.

Contacts Under Sixteen Years Of Age

Convert does not specifically target anyone under the age of sixteen. Persons under the age of sixteen are not permitted to use the the Services of Convert.

Basically

Simple, be 16 years or older to use our tools.

Termination

Convert reserves the right to terminate your access to the Website and the Services at any time and for any reason in its sole discretion, including without limitation, any violation of these Terms of Use.

Basically

Behave or we kick you out.

Copyright And Trademarks Information

COPYRIGHT NOTICE: Copyright © Convert Insights, Inc. All Rights Reserved. Convert Insights and Convert.com is a trademark of Convert Insights, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.

Basically

Convert Insights is OUR name!

Waiver And Limitation Of Liability

YOU AGREE THAT CONVERT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY USER OF YOUR ACCOUNT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THE USE OR MISUSE OF THE WEBSITE AND THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Basically

Liability up to $100 USD.

Severability And Survival

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any content or Services are in conflict or inconsistent with these terms, these terms will take precedence. Our failure to enforce any provision of these terms will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under these terms will survive any termination of these terms.

General Information

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Santa Clara County, California, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California, USA necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

This Agreement will be treated as if it were executed and performed in Santa Clara County, California and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Basically

We follow United States and the State California laws we can talk or fight about the details.

Modification Of Terms Of Use

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. these changes will become effective 90 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

Basically

We can change the terms of use, watch your email and this page.

California Consumer Rights Information

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may complaints in writing to Convert Insights, Inc., (#9512 Walnut, California 91789, USA), or by telephone at +1-888-666-9711 or by email at info@convert.com. You can also contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, USA or by telephone at 916.445.1254 or 800.952.5210.

Effective Date

The effective date of this version of the Terms of Use is June 5, 2019. The first version of our Terms of Use was November 20, 2009 and the previous revision was on May 24, 2018.

Basically

We have been around since 2009 and so have these terms of use but we have updated them in the meantime.

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