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TERMS OF SERVICES

EFFECTIVE DATE: November 20, 2009

Welcome to the Convert Insights Inc. website (‘The Website’) and Service (‘The Service’). Use of and access to the website and the services is subject to your compliance with the following terms. Convert Insights 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 Insights and you.

IN A NUTSHELL

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.

IN A NUTSHELL

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

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 Insights Inc. 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 Insights Inc. 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 Insights Inc. 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 Insights Inc. 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 Insights Inc. within thirty (30) days of such notice. Alternatively you may direct Convert Insights Inc. 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 Insights Inc. has a response time for customer queries via email or telephone and we will respond within 48 hours.

IN A NUTSHELL

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; (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 Insights Inc.; (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 Insights Inc. of any unauthorized use of your password.

IN A NUTSHELL

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

Privacy Policy

Convert Insights Inc. respects your desire for privacy. Convert Insights Inc.’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.

IN A NUTSHELL

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 Insights Inc., and Convert Insights Inc. 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 Insights Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply that Convert Insights Inc. 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.

IN A NUTSHELL

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

Competition

The Services are not available to competitors of Convert Insights Inc., and competitors of Convert Insights Inc. 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 Insights Inc. 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 Insights Inc.. You further agree that you will not in the future engage in competitive business with Convert Insights Inc..

IN A NUTSHELL

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

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONVERT INSIGHTS INC. 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 INSIGHTS INC. 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 THE CONVERT INSIGHTS INC. SERVICES. CONVERT INSIGHTS INC. DOES NOT GUARANTEE THE ACCURACY OR VALIDITY OF ANY DATA COLLECTED THROUGH THE USE OF THE SERVICES. CONVERT INSIGHTS INC. 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 INSIGHTS INC. 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 INSIGHTS INC. FROM ANY SUCH RESPONSIBILITY OR LIABILITY.

IN A NUTSHELL

We will do our very best to make data accurate, just do not sue us if it is not. This is not an attempt to get around GDPR if it applies to you.

INDEMNITY

You agree to defend, indemnify, and hold harmless Convert Insights Inc., 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.

IN A NUTSHELL

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 Insights Inc. 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.

IN A NUTSHELL

Great you love our images and words, don’t copy them but let them inspire you.

CONTACTS UNDER SIXTEEN YEARS OF AGE

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

IN A NUTSHELL

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

TERMINATION

Convert Insights Inc. 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.

IN A NUTSHELL

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.

IN A NUTSHELL

Convert Insights is OUR name!

WAIVER AND LIMITATION OF LIABILITY

YOU AGREE THAT CONVERT INSIGHTS INC., 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.

IN A NUTSHELL

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.

IN A NUTSHELL

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

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.

IN A NUTSHELL

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 30 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.

IN A NUTSHELL

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

EFFECTIVE DATE

The effective date of this version of the Terms of Use is May 24 2018. The first version of our Terms of Use was November 20, 2009 and the previous revision was on May 24, 2016.

IN A NUTSHELL

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