1. Acceptance of Terms
I. The following terms and conditions (the “Agreement”) govern all use of the conversionmonk.com website (the “Site”) and the products and services available at the Site (taken together with the Site, the “Service”). In this Agreement, “You” or “Your” means the person accepting this Agreement and the company (if any) on whose behalf he/she is acting, and “We,” “Us,” “Our,” “ConversionMonk,” or “conversionmonk.com” means ConversionMonk.
II. By using or accessing any part of the Service, You agree that You are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If You do not agree to all of these terms and conditions, You must not use or access the Service. If You are entering into this Agreement on behalf of a company, You represent that You have the authority to bind that company to the terms of this Agreement.
III. We reserve the right, in Our sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes Your acceptance of those changes and You are responsible for reviewing those terms as We notify You about them.
IV. You acknowledge that these Terms constitute a contract between you and ConversionMonk, even though it is electronic and is not physically signed by You and ConversionMonk, and that these Terms govern Your use of the Service and supersede any other agreements between You and ConversionMonk.
2.Description of Service
I. The “Service” includes (a) the Site, (b) the tools and ConversionMonk API, and (c) the other services provided to You through the Site based on the plan, including all software, data, text, images, sounds, videos, and other content made available through the Site, or developed via the ConversionMonk API (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
II.ConversionMonk does its very best to make the Service available, except for: (a) planned downtime (of which You will be notified in advance), or (b) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.
3. Access and Use of the Service
I. Subject to the terms and conditions of these Terms, You agree to access and use the Service only for your internal business purposes as contemplated by these Terms. Subject only to Your limited right to access and use the Service as expressly granted to You here, all rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to ConversionMonk and its third-party vendors.
II. As a condition to using some parts of the Service, You may be required to register with ConversionMonk and select a password, user name (“ConversionMonk User ID”) and a site name (“Site Name”). You may not (i) select or use as a ConversionMonk User ID or Site Name a name of another person or company with the intent to impersonate that person or company; or (ii) use as a ConversionMonk User ID or Site Name a name that You do not have permission to use.ConversionMonk reserves the right to refuse registration of, or cancel a ConversionMonk User ID or Site Name in its discretion. You are responsible for maintaining the confidentiality of your ConversionMonk password and other account information. You agree that the information You provide to ConversionMonk will be accurate, complete, and up to date, and if We determine that the information does not meet those standards, or if You violate any of these requirements, We may immediately terminate the Agreement for Your breach and/or suspend Your use of the Service.
III. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with ConversionMonk, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (h) try to use, or use the Service in violation of these Terms.
IV. You are responsible for all information, data, text, messages or other materials that You post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account.
V.ConversionMonk.com provides the Service only. You are responsible for providing whatever resources you need to access and use the Service.
VI. You agree that ConversionMonk can access your accounts information in order to respond to your service requests. We will not disclose such data except if compelled by law or permitted by You.
4. Intellectual Property Rights
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith.ConversionMonk shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.ConversionMonk’s product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of ConversionMonk (collectively, “Marks”), and You may only use such Marks to identify yourself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent ConversionMonk, its services or products.
5. Third party services
I. Integration – The Service may contain features that enable various Other Services (such as social media services like Facebook and Twitter) to be directly integrated into your ConversionMonk experience. To take advantage of these features, You will be required to register for or log into such Other Services on their respective websites. By enabling third party services within the Service, You are allowing ConversionMonk to pass Your log-in information to these Other Services for this purpose.
II. External Sites – The Service may contain links to, or otherwise may allow You to connect to and use certain third party products (such as Facebook, Twitter, YouTube), services or software under their own terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If You decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle Your data.ConversionMonk is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services.
6. Billing, Plan Modifications and Payments
I. Billing and Payments – The Service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term. If You do not provide Your credit card or other payment information before the expiration of any free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, Your subscription will renew automatically based on Your plan’s renewal cycle. You may choose whether you are billed by the Month, or Calendar year (each, a “Subscription Period”), though We may choose to offer alternative billing periods, such as calendar quarter, or six montly (each, also, a “Subscription Period”). Fees for each Subscription Period will be pre-paid at the start of the Subscription Period, charged to the credit card You provide prior to the start of such Subscription Period. If the credit card information You have provided is incorrect or incomplete, or ConversionMonk.com is unable to complete a transaction due to Your error or omission,ConversionMonk.com will attempt to contact You and inform You of the problem. If the problem is not corrected within fifteen (15) days, it will be considered a breach of the Agreement and ConversionMonk.com will terminate Your account, unless You and ConversionMonk.com have agreed otherwise.
II. Modifying Your Subscription – If you choose to upgrade Your plan during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, You will be charged the adjusted rate on Your next billing cycle. If You are on a monthly billing cycle, You will not see a prorated charge or credit in the current month, but Your new billing rate will be reflected on Your next monthly bill. Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account (for e.g. limited job postings, removal of branding site) and ConversionMonk does not accept any liability for such loss.ConversionMonk reserves the right to contact You about special pricing if You maintain an exceptionally high traffic or other excessive stress on the Service.
III. Overdue charges – If You fail to pay your subscription fee on time, or if Your credit card payment information is entered in error or does not go through for processing and You do not update payment information upon Our request, your entire subscription may be suspended or cancelled.
IV. Billing Privacy –ConversionMonk uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for ConversionMonk.
V. Special Pricings – We may offer alternative fee structures, discounts, coupons or incentives, at our sole discretion and for any reason, and we are under no obligation to offer such alternatives to all users. The actual price you will pay for any Premium Services shall be the price listed in the Billing section of your account or by other agreement.
7. Cancellation and Termination
I. The account owner (as defined in the sign-up procedure) is responsible for cancelling your account, and can cancel the account by contacting ConversionMonk at firstname.lastname@example.org. Once you cancel your account you will lose access to all of your content, and we preserve the right to delete all such content in the normal course of operation. This content cannot be recovered once your account is cancelled. If you cancel the Service before the end of Your current subscription period, Your cancellation will take effect immediately and You will not be charged again.
II.ConversionMonk reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms.ConversionMonk will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities.ConversionMonk shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
8. Relationship of the parties
I. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
9. Other Legal Terms Apply to the Service
DISCLAIMER OF WARRANTIES: THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND CONVERSIONMONK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CONVERSIONMONK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM CONVERSIONMONK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS,CONVERSIONMONK’S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF CONVERSIONMONK WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
Indemnification: You are responsible for all your data, and for your activity in connection with the Service. You shall indemnify and hold harmless conversionmonk.com (and its affiliates), and each of its (and its affiliates) respective employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) Your use or misuse of the Service; (ii) Your access of or to any part of the Service; (iii) any User Data; or (iv) Your violation of this Agreement or any additional terms You agree to with conversionmonk.com
Any dispute arising between the parties mentioned above shall be subject to jurisdiction of Bangalore, India Courts only.