Violation of any of the terms below will result in the suspension or termination of your account without a right to any refund if you have subscribed to any paid Services.
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you do not meet this criteria, discontinue use of the Site.
If you are using the Service on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.
If any applicable law, rule or regulation prohibits you to access the Service, you may not access them. If you nevertheless access or use the Service, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.
You agree not to use the account, username or password of another user at any time or to do anything else that might jeopardize the security of your or another user’s account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account without refund and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
You, as an individual, as well as the party who employs you or has otherwise authorized you to access the Services under a separate agreement with eevo will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your personal account and any of your uses or misuses of the responsible organization’s account.
We may make the Services available in both free and paid versions through the Site or otherwise. We reserve the sole right to either modify or discontinue the Services or features that might be available through a free or paid model, at any time with or without notice to you. As an example, we may limit the number of free social accounts that you can connect to or the number of reports that you can generate, or design functionalities that we give you access to and may impose different usage restrictions than currently offered. Any modified or new features that we may choose to make available to you shall also be subject to these Terms of Service.
The Paid Services provide features that may or may not be available in the free version of our Services. Unless otherwise agreed in writing, the Paid Services will be governed by the following terms. For Paid Services, you or the party who has authorized you to access the Service must have a valid separate agreement with eevo whereby they agree to pay us the applicable subscription fee until the expiration of the agreed upon term or cancelation of your subscription in a manner agreed upon with us. Unless otherwise specified in a mutually executed Agreement with you or the party authorizing you, we reserve the right to increase a Service’s fees or institute new charges at any time. Service fees are due in advance of access to the paid features and are typically offered in monthly or annual increments. Your subscription will automatically renew for the subscription period you choose (e.g., monthly or annual) unless you notify us in writing via email at firstname.lastname@example.org at least thirty (30) days prior to the expiration of the subscription period of your decision to terminate your subscription. All subscription fees are earned in full when paid and are not refundable. Subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely responsible to pay. We will not issue refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for unused time with an open account. In order to treat everyone equally, no exceptions to this practice will be made. You may cancel your membership at any time by contacting our support team at email@example.com and requesting cancellation. Accordingly, you agree that the subscription fee will be billed automatically at the beginning of each renewal period at the then-current rate to the payment method you used in your most recent transaction with us. Cancellations must be received at least thirty (30) days prior to the next billing cycle to avoid additional monthly charges.
In certain cases, our Paid Services may be provided on a free or limited trial basis. There is a limit of one free or limited trial offer, if any, per person and per business during any given one-year period unless otherwise stated in the offer. If payment information was collected prior to or during your registration for a trial subscription, and if you do not cancel your trial subscription during the offer period, we will charge the payment method you provided during the registration process for the applicable monthly subscription fee. Any use beyond posted or the agreed upon trial period will be invoiced at the then applicable rate.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You may receive invoices and make payments in any manner agreed upon with eevo. If you have elected to make automatic payments, including via a financial institution account (herein “Payment Method”) for all charges to your accounts with eevo, then you hereby authorize eevo to charge your Payment Method for the fees incurred. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method and you also authorize our third party payment processor to receive, collect and store your Payment Method information, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.
If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) eevo may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to eevo within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Unpaid fees are subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. You agree to pay such taxes (excluding US taxes based on eevo’s net income) unless you have provided eevo with a valid exemption certificate. Notwithstanding anything to the contrary, in addition to any other remedy available, eevo may restrict or suspend your access to the Platform upon five (5) business days notice if payment is not made when due.
Upon cancellation, all of the content you have created and posted through the Services (“User Content”) may be immediately deleted, and may not be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation of your account. If you cancel the Service before the end of your current paid up month, your cancellation will immediately take effect and you will not be charged again the following month, but there are no pro-rations to your paid license for the month that you terminated early.
We further reserve the right to disable or deactivate unpaid accounts. In the event of such termination, all data associated with such account may be deleted. We are not obligated to provide you prior notice of such termination.
Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible to ensure that your use of the Services is in compliance therewith. Your use of the Services is at your sole risk and is provided on an “as is” and “as available” basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or eevo. You will not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Service without the express written permission by eevo. You may not overwhelm the Site or Services by using significantly more bandwidth than other customers, which in our sole discretion, degrades the reliability, speed, or operation of the Site, Services or any underlying hardware or software thereof. The Services may not be used in connection with promoting anything, which in eevo’s sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
Any intellectual property rights that you have with respect to any User Content you store on our Services, or which you may deliver to us for use in connection with the Services (which for purposes of this Content Rights section is hereby included in the definition of User Content) remains yours. You grant us a non-exclusive, world-wide, fully-paid up, sub-licensable, transferable, limited license to access, copy, modify, use, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such User Content to the extent needed to provide our Services to you. The license you grant us is non-exclusive (meaning you are free to license your User Content to anyone else in addition to eevo), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the User Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
Any and all intellectual property rights to content created by us, whether or not it was made available to you or published for you pursuant to the Services or otherwise, to the extent that it is not User Content is strictly ours (“eevo Content”). We grant you a limited, non-exclusive (meaning we are free to license our eevo Content to anyone else in addition to you), non-transferable and non-sub-licensable license to access, modify, use, transmit, reformat, and edit the eevo Content to the extent needed solely through the use of the Services.
You are solely responsible for your User Content and the consequences of its transmission. You are further responsible for ensuring that you do not make any private content publicly available in violation of anyone’s privacy or confidentiality rights. Any third party content that you may receive through the use of the Services from your customers or otherwise is provided to you via the Services is provided AS IS for your information and personal use only and you agree not to use or otherwise exploit such content for any purpose without the express written consent of the person who owns the rights to such content. We make no warranties, express or implied, as to the third party content or to the accuracy or reliability of the third party content or any material or information that you receive through our Services.
You agree not to use, display or share your User Content or eevo Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with these Terms of Service, and all applicable laws and regulations. We are not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate the account of any User in accordance with these Terms of Service.
You agree and acknowledge that the Site and its content search capabilities make content available to you for information purposes only. You will not use any such content in a manner that is unlawful or otherwise violates these Terms of Service or those of any third party site from which the content was retrieved or to which your content will be displayed, and all other applicable laws and regulations.
By posting User Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
We neither endorse nor assume any liability for any User Content. However, we and our agents have the right in our sole discretion to remove any User Content that, in our judgment, does not comply with these Terms of Service or any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content.
While you retain all of your pre-existing rights in the User Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the User Content you need for your purposes before your account is terminated.
The software that runs the Services and look and feel of the Services is a copyright 2015-2018 of Eevo, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from eevo.
If you believe that certain User Content that is being displayed through the Services violates the intellectual property rights of others, please send a written statement to us at firstname.lastname@example.org and 20 Jay St, Suite 214, Brooklyn NY 11201 that includes substantially the following:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that any claims of the complaining party and the party that originally posted the materials will be addressed in accordance with the Digital Millennium Copyright Act.
You will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platform or any software, documentation or data related to the Platform (“Software”) (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Platform or Software; use the Platform or Software other than for your internal benefit; use the Platform or Software other than in accordance with these Terms of Service or any other written agreement with respect to the subject matter hereof or in compliance with all applicable laws and regulations, including but not limited to any privacy laws, and laws or regulations concerning intellectual property, consumer and child protection, obscenity or defamation.
Except as expressly set forth herein, eevo alone will retain all intellectual property rights relating to the Platform or the Software, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform and/or the Software, which are hereby assigned by you to eevo.
By subscribing to either our free Services or Paid Services, you grant us the limited right and license to list and display your name, trademark, and logo in connection with our customer lists and marketing materials in print or on the web to announce that you are using our Services. You may terminate this right and license upon written notice to us once your Account has been terminated. You will have the right to disclose your use of our Services but not the terms or specifics (including pricing terms) of your relationship with us, unless we approve such disclosure in writing prior to such disclosure.
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly understand and agree that eevo shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if eevo has been advised of the possibility of such damages), resulting from any cause including: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE TOTAL LIABILITY OF EEVO, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE LESSER OF TEN THOUSAND DOLLARS ($10,000) OR THE AGGREGATE OF THE FEES PAID TO EEVO HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold Eevo, Inc. and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of eevo. Please note that eevo has disclaimed all warranties (see section above).
Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
Third Party Beneficiary: eevo and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.
These Terms of Service are controlled by us from our offices within New York, United States of America. By accessing the Services we both agree that the statutes and laws of the State of New York, without regard to (i) the conflicts of laws principles thereof and (ii) the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services. Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be New York, New York. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The failure of eevo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, coupled with any legally executed pricing terms and modifications, constitutes the entire agreement between you and eevo and govern your use of the Service, which supersedes any prior agreements between you and eevo.
You understand that eevo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and eevo is not responsible for the shortcomings of any such third parties.
Written notices required under these Terms of Service should be sent via email to email@example.com.
Copyright © 2015-2018 eevo® Inc. - All Rights Reserved.