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Terms and Conditions

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Convead services

Convead is providing a software as a service offering comprising:

  • (a) a platform with a collection of tools and integrations to allow you to automate your sales and marketing processes; and
  • (b) a solution with a dynamic, AI-powered marketing scenario  (together, the “Service”).

The following terms and conditions ("Terms") are between you and Convead and constitute a binding legal agreement that governs your use of the Service (“Agreement”). By using the Service or this website you are agreeing to accept and comply with the Terms, which Convead may update at any time without notice. You should visit this page periodically to review the then-current Terms. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised.

Legal Capacity/Authority

To use and/or register for the Service you must be (i) of legal age to form a binding contract with Convead, and (ii) must not be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.

2. THE SERVICE

Access to the Service

Convead will provide you access to the Service:

  • (a) if you register for a free trial use of the Service, on a trial basis at no cost until the earlier of (a) the end of the period, stated in the trial terms, or (b) if you subscribe to the service, the start date of that subscription (“Trial Period”); or
  • (b) if you subscribe to the Service, during the Original Contract Term and any Renewal Contract Term(s), as defined in Section 3, below (“Contact Term”).

Free Trial

During the Trial Period Convead reserves the right to limit, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that Convead shall not be liable to you or any third party for any modification or cessation of the Service and that Convead has no obligation (express or implied) to provide, or continue to provide, the Service, or any part thereof, now or in the future.

Limitations on Use

Convead may impose certain limitations on the use of the Service, including, without limitation, allocating certain levels of bandwidth and storage capacity (including number of contacts that may be stored) to your Convead Service and restricting the number of email communications you may send using the Service, as set out in Convead’s pricing and subscription terms, available http://www.convead.com/ and http://www.cnv.io/. You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

Changing the Service

From time to time Convead modifies the Service, including by adding or removing features and functions to enhance your experience. Nothing in this Agreement prohibits Convead from making such changes, provided that no such change to the Service materially reduces the functionality of the Service provided to Customer during the Contract Term.

You can subscribe to additional elements of the Service, as agreed to between the parties. Such additional elements of the Service will be added on to the Service provided and fees due under this Agreement, commencing on the date the parties agree to their addition.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

Feedback

As part of using the Service, Convead will provide you with the opportunity to submit comments, information, feedback and ideas regarding our company, products or services, and any such comments etc that you communicate to us ("Feedback") will be deemed, at the time of communication to Convead, the property of Convead, and Convead shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

3. Convead PRIVACY POLICY

By using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Convead's Privacy Policy. Information collected when you use the Service may include, without limitation, technical or diagnostic information related to your use of the Service to maintain, improve and enhance the Service. We use cookies to allow Convead customers to log in to their account. In addition, when a third party visits your website created using the Service, we store a cookie with a session ID in it so our statistics do not double count third party users and we also use cookies to recognize a third party user's form submission so we know who referred them to your website. Please note that when you conduct transactions with other companies providing content via the Service or this website, you may also be subject to their privacy policies and other terms and conditions.

You further understand, agree and consent to this information and any of your personal information being transferred to the United States, Russian Federation and/or other countries for storage, processing and use by Convead and/or its affiliates in accordance with Convead's Privacy Policy.

You agree that Convead may identify your company name and/or logo as a Convead customer on client lists, marketing materials and/or press releases. If you wish to be excluded from this program, do so by emailing: \"hello AT convead.io\".

4. CONTENT AND YOUR CONDUCT

Content

"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Convead, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable. Convead does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own legal risk.

Your Conduct

You agree that you will NOT use the Service to:

  1. Sell or promote any goods or services which are dangerous, harmful, illegally obtained or unlawful in any way, which create risk of loss or damage to person or property;
  2. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  3. stalk, harass, threaten or harm another;
  4. pretend to be anyone, or any entity, you are not or otherwise misrepresent your affiliation with a person or entity;
  5. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of any confidentiality obligation;
  6. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements. To be specific, you will not send any unsolicited email messages using the Service, and will only contact email addresses and phone numbers with the prior consent of recipient/s. You are solely responsible for your communications and their legality under all laws and regulations;
  7. take any action designed to mislead recipients as to the origin of any Content transmitted through the Service ("spoofing");
  8. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  9. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  10. plan or engage in any illegal activity; and/or
  11. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Except as expressly permitted herein, you agree that no materials published, used or offered by Convead as part of the Service or on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Convead. The use of any such materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Removal of Content

Except as specified in our Privacy Policy, all communications from you to this website will be considered non-confidential and non-proprietary. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. Although not obligated to do so, Convead will have the right to review your communications on this website or through the Service to determine whether you comply with the Terms, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms or is otherwise objectionable

Backup Your Content

You are responsible for backing up, to your own computer or other device, any Content that you store or access via the Service. Convead does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Convead may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Convead, its users or third parties as required or permitted by law.

Copyright Notice Infringement Information - DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Convead. Convead may, in its sole discretion, suspend and/or terminate accounts of users that are found to be infringing.

Violations of Terms

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms, you may report it here.

5. GENERAL

These Terms, along with any exhibit or appendix, including any Quote Form, constitutes the entire agreement between you and Convead and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software or services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Convead to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action you make arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

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