Please, read these Terms cautiously. By utilizing Claspo or logging into your account, you're consenting to these Terms, which will bring about a legitimate arrangement between you and Claspo («Agreement»). We'll begin with the essentials, including a couple of definitions that should help you understand these Terms. Claspo («Claspo,» «we,» or «us») is a web-based pop-up creation tool (the «Service») presented through the URL claspo.io (we'll allude to it as the «Website») that allows you to customize templates or create their pop-ups from scratch. Claspo has workers, self-employed entities, and representatives («our Team»). As a client of the Service or a representative of an entity that is a client of the Service, you're a «Member» as indicated by this Agreement (or «you»).
If you have any inquiries regarding our Terms, go ahead and reach us.
To utilize the Service, you should:
By utilizing the Service, your address and warrant that you meet every one of the requirements recorded above and that you will not utilize the Service in a manner that violates any laws or guidelines. Note that by representing and warranty, you are making a legitimately enforceable promise. Claspo might deny assistance, close records of any clients, and change qualification requirements at any moment.
At the point when you sign up for the Service and consent to these Terms, the Agreement between you and Claspo is shaped, and the Term of the Agreement (the «Term») will start. The Term will proceed while you have a Claspo account or until you or we end the Agreement as per these Terms, whichever happens first. Entering your email address and tapping the «Sign Up» button (or making an account utilizing social media like Facebook) implies that you've formally «signed» and acknowledged the Terms. In case you open the Service on behalf of an organization or other element, you guarantee that you have the power to acknowledge these Terms and go into the Agreement on its behalf.
You or Claspo might end the Agreement whenever and under any condition by ending your Claspo account. We might suspend the Service to you at any time, with or without cause. Assuming we end your account without cause and your account is a paid one, we'll discount an unused part of your monthly payment. We will not discount or repay you in any other circumstance, including in case your account is suspended or ended for cause, similar to a break or any violation of the Agreement. Assuming your account has been inactive for at least two years, we might erase the record. When your account is terminated, you are aware and agree that we may forever erase your record and all the information related to it, including your pop-up campaigns. Email addresses are unique and must be utilized once. If your account has been deleted, the email address at this point won't be accessible for use on any future accounts and can't be recovered.
You're liable for keeping your record email address and password private. You're likewise liable for any account that you access and any activity happening in such an account (other than action that Claspo is straightforwardly liable for that isn't acted as per your directions), whether or not you approved that action. You should immediately notify us of any unapproved access or utilization of your accounts. We're not responsible for any losses because of lost or hacked passwords that result from your negligence. We don't know your current password, and for the sake of security, we may only give you directions on resetting your password. We reserve the option to update any of your contact data in your account for charging purposes. Besides, you guarantee that all data you give to us when you use the Services or access your account is and will stay ample and correct.
We don't have any details concerning your company or your interpersonal relationships. You will not demand admittance to or data about an account that is not yours, and you'll settle any account-related debates straightforwardly with the other party. We conclude who possesses an account dependent on the content it has, and in case various individuals or elements are distinguished in the content, at that point, we'll take into consideration the contact and profile data in that profile. In situations where contact and profile data are available, we'll expect you to solve the matter through legitimate channels outside of Ardas.
At the point when an issue is recognized, we might suspend any profile related to the debate, including disabling login capacities, to maintain the security and protection of the information stored in the profile.
At the point when you sign up for a Pricing Plan, you consent to repeated charging. Billing would happen around the same time every month, based on the date that you began the Monthly Plan, and around the same day every year if you purchased the Annual Plan. Charging for Pricing Plans might be paused, and you might decide to close your profile forever at any time.
Our rates for Pricing Plans are posted on our Website and might be changed every once in a while. If any part of a month is included in the Term, payment should be made for the entire month. Payments are expected for any month on the same or nearest date to the day you made your first regularly scheduled payment (the «Payment Date»). If you want to update the Pricing Plan and level up your account, you'll need to pay at the higher level or before the following Payment Date. In case the Term ends before the payment is expected, you'll, in any case, need to make one payment at a higher level. Assuming that you utilize the Service under the Free Plan and you go over the plan's limits or upgrade your profile to a paid tariff, you'll be given a free downgrade to the Free Plan (provided your pop-up templates and other content drops within these limits).
Claspo doesn't allow users to make one-time payments. All payments are performed regularly contingent upon the chosen Pricing Plan, explained in the pricing information section on the Website. If you want to pay once, pick a tariff in the Pricing Plan, buy it, and after the primary gets received by Claspo, just cancel the membership in the Billing menu of your profile. Hence, you will be able to utilize the chosen Pricing Plan during a paid period. After the period is terminated, the Pricing Plan of your record will be minimized to the Free Plan automatically, and no new charges will be performed.
As long as you're a Member with a paid profile or have an extraordinary balance with us, you can provide us with valid bank card data and allow us to deduct the monthly charges from this card. You'll replace the data for any card that terminates with data for a legitimate one. Assuming your card is replaced with another card by a payment processor automatically, you recognize and agree that we're allowed to deduct any charges for you from the new card. Anybody utilizing a bank card guarantees that they are approved to use that card and that all possible charges might be charged to that card and will not be rejected. Assuming we can't process your card payment, we'll attempt to reach you by email and suspend your record until your payment can be handled.
We'll give you a refund for a prepaid month, assuming we end providing the service and end your account without cause. You will not be qualified for compensation from us under some other conditions except that you didn't utilize the Service at all after the payment has been performed (didn't create pop-ups or run campaigns). We may, at our sole discretion, offer compensation if a Member demands one.
In case you use a Plugin that has a charge, you'll be billed an extra sum with each charging cycle while Plugin is active. Your billing scheme for a Plugin might vary from your charging date for your Monthly Plan or different Services, and certain Plugins might require forthright payments for their whole billing period.
We might alter our fees at any moment by posting a new pricing list on our Website or potentially notifying you by email. These fees exclude sales or transaction taxes of any sort.
You provide us with true billing info. You can't cancel charges as they are final. If the bank fails during the payment process, it doesn't mean that you don't have to pay for our services.
The consumer can argue the price that is stated on the account statement or in the bill. A refund will cause the transaction reversal. Consumers may receive compensation for (i) complaints; (ii) unauthorized business; (iii) illegal or unreliable business practices; or (iv) being removed from the payment process for any reason.
You will respect our exclusive right to the Website and the software used to offer the Service (including but restricted to licenses, brand names, service marks, trade secrets, copyrights, and other patented intellectual property).
When posting comments or reviews regarding the Website or Services, you agree that these ideas may be used to improve our Website and Services. This means we don't have to pay you for them.
claspo.io can't assure that the Website is 100% secure from any attack or error.
Use antivirus software when using our Services or other Internet services.
Contact us as soon as possible if you've found any virus or bug.
By consenting to these Terms, you guarantee that you will not generate or publish the content prohibited by Claspo's rules. It is characterized below.
Ardas doesn't permit accounts with the basic role of promoting or doing hard toward others or the advancement of biased, hateful, or harassing content. In this relation, we might suspend or block your profile in case you make pop-ups or, in any case, distribute any Content that we find, at our sole discretion, containing some of the below-mentioned:
We likewise may suspend or block your profile in case we decide, in our sole circumspection, that you are either:
Assuming you disregard any of these guidelines, we might suspend or terminate your profile.
Assuming that you think anybody is abusing any of these Terms, please, inform us right away. If you got spam you think came from an Ardas Member, please, report it to our group email@example.com. Assuming you think anybody has posted material that disregards any copyrights, you can inform us at firstname.lastname@example.org too.
You admit and warrant that your utilization of the Service will comply with every appropriate law and guideline. You're liable for deciding if the Service is reasonable for you to use considering your commitments under any guidelines like HIPAA, GLB, EU information security laws (including the General Data Protection Regulation) (generally, «EU Data Privacy Laws»), United States trade control laws and guidelines and financial approvals laws and guidelines («U. S. Trade Control Laws and Regulations»), or other applicable regulations. If you are subject to these guidelines (like HIPAA) and you utilize the Service, we will not be responsible for assuming the Service doesn't meet those demands. You may not utilize the Service for any unlawful or discriminatory practices, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or different laws that apply to commercial organizations.
You consent to reimburse and keep us away from any losses, including every single legitimate charge and fee that outcome from your breach of these rules.
To the greatest degree allowed by law, you accept full accountability for any loss that happens because of your utilization of the Website and the Service, including any downloads from the Website. Our Team and we will not be responsible for any indirect, direct, or consequential harms under any conditions, regardless of whether they've resulted from negligence or we've been instructed on the chance of those harms. In any calendar month, our complete responsibility to you emerging under or regarding the Agreement, whether it's a breach of a legal obligation or otherwise - will be close to what you paid us for the Service the previous month.
To the greatest degree allowed by law, we provide the Website and the Service with no guarantees. This implies that, besides as explicitly expressed in these Terms, we don't give guarantees, conditions, or endeavors of any sort related to the Website and additionally Service, either express or suggested. This includes, however, isn't restricted to guarantees of merchantability and readiness for a specific reason, which is, to the furthest extent allowed by law, removed from the Agreement. Since Members utilize the Service for different reasons, we can't ensure that it'll meet your particular requirements.
You consent to indemnify and hold us and our Team harmless from any losses, including legitimate charges and costs that straightly or by implication result from any cases you make that aren't permitted under these Terms because of a «Limitation of Liability» or another arrangement. (Indemnity is a contract to remunerate somebody for a loss.) You additionally agree to reimburse and hold us harmless from any losses, including legitimate charges and costs, that straightly or indirectly result from (a) your Content, (b) your utilization of the Service, (c) your infringement of any laws or guidelines, (d) third-party claims that you or somebody utilizing your password did something that, assuming true, would abuse any of these Terms, (e) any deceptions made by you, or (f) a break of any representations or guarantees you've made to us.
If we find proof that you deliberately penetrated these Terms and we prevail, we're qualified to recover all lawful fees, expenses, and any damages or other help we might be granted.
In case you disregard these Terms, we might look for injunctive relief (which means we might demand a court to stop you) or other equitable relief.
Assuming we need to provide data because of a subpoena, court request, or other lawful, administrative, or governmental request identified with your profile, then, at that point, we might charge you for our expenses. These fees might incorporate lawyer and employee time spent recovering the records, getting documents ready, and participating in the process.
Our Team and we aren't liable for the conduct of any third parties, connected sites, or different Members.
The Software and Website, including all documents, are «Commercial Items» as it is defined at 48 CFR § 2.101 and comprise «Commercial Computer Software» and «Commercial Computer Software Documentation.» The Commercial Computer Software and Commercial Computer Software Documentation are authorized to US government end clients:
You may not assign any of your rights under this consent to any other individual. We might relegate our rights to some other individual or entity at our will.
We will not be expected to take responsibility for any delays or breaches of performance in any piece of the Service for any reason outside our range of control. This includes, yet isn't restricted to, acts of God, changes to law or guidelines, bans, war, terrorist acts, riots, fires, quakes, nuclear accidents, apocalypse, floods, power outages, volcanic activity, extreme climate conditions, and acts of hackers, or Internet service providers.
Even if this Agreement is terminated, the following sections will still be applicable: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If a section of this document is not applicable, that segment will be eliminated or altered as little as required, and the remainder of the Agreement will, in any case, be legitimate.
The headers and sidebar text are given just to make these Terms more simple to read and comprehend. The fact that we composed these Terms will not influence how the Agreement is interpreted.
Since we have so many Members, we can't change these Terms for any one Member or a small group of those.
This document constitutes the entire Agreement between the parties and may not be amended or supplemented unless signed by both parties.
To receive information about our Services and Website, you can subscribe to our newsletter.
You can unsubscribe from this newsletter at any time if you wish to stop communication.
You certify that: (i) you do not reside in any country that is restricted by the United States, Canada, the European Union, or any other government, or that has been designated a "terrorist sponsor"; and (ii) you do not include government names that restrict or restrict parties or activities.
You and Claspo are independent agents. We will not build relationships based on these concepts.
Failure to exercise any right under any of the Terms shall not constitute a waiver of such right.
Any dispute arising out of this Agreement or the Service shall be governed by the laws of the State of California, except in the event of a legal dispute. Any dispute relating to the Agreement or the Service itself will be decided by the state and federal courts of California, and any third party will be tried in the courts.
You'll give all documents and take any actions important to meet your commitments under these Terms.
Any notification to you will be effective when we send it to the last email or actual location you gave us or when posted on our Website. Any notification to us will be effective when conveyed to us at any locations as we may later post on the Website.
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