Terms & Conditions
32 minutes read
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Noti Pro, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Noti Pro account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Noti Pro
Your Noti Pro Account. If you create an account on Noti Pro, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Noti Pro of any unauthorized uses of your account, or any other breaches of security. Noti Pro will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post material to Noti Pro, post links on Noti Pro, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Noti Pro, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Noti Pro for inclusion on your account, you grant Noti Pro a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your changelog. If you delete Content, Noti Pro will use reasonable efforts to remove it from Noti Pro, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Noti Pro has the right (though not the obligation) to, in Noti Pro’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Noti Pro’s reasonable opinion, violates any Noti Pro policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Noti Pro to any individual or entity for any reason. Noti Pro will have no obligation to provide a refund of any amounts previously paid.
HTTPS. We offer free HTTPS on all Noti Pro accounts by default, including those using custom domains. By signing up and using a custom domain on Noti Pro, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Attribution. Noti Pro reserves the right to display attribution text or links in your site footer or toolbar, attributing Noti Pro, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to Noti Pro Startup or Pro.
General Terms. Optional paid services such as extra features are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Noti Pro the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal. Unless you notify Noti Pro before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website’s settings.
2. Noti Pro (“Services”).
Description. Noti Pro is an embeddable script that connects your website (web-app, or otherwise) to Noti Pro’s infrastructure to give you access to Noti Pro’s features (including but not limited to sidebar, newsfeed, analytics, web push notifications, boosted announcements, email notifications).
3. Responsibility of Visitors.
Noti Pro has not reviewed, and cannot review, all of the user generated content, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Noti Pro does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain user generated content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Noti Pro disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Noti Pro links, and that link to Noti Pro. Noti Pro does not have any control over those non-Noti Pro websites, and is not responsible for their contents or their use. By linking to a non-Noti Pro website, Noti Pro does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Noti Pro disclaims any responsibility for any harm resulting from your use of non-Noti Pro websites and webpages.
5. Copyright Infringement.
As Noti Pro asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Noti Pro violates your copyright, you are encouraged to notify Noti Pro. Noti Pro will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Noti Pro will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Noti Pro or others. In the case of such termination, Noti Pro will have no obligation to provide a refund of any amounts previously paid to Noti Pro.
6. Intellectual Property.
This Agreement does not transfer from Noti Pro to you any Noti Pro or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Noti Pro. Noti Pro, www.notipro.com, the Noti Pro logo, and all other trademarks, service marks, graphics and logos used in connection with Noti Pro or our Services, are trademarks or registered trademarks of Noti Pro or Noti Pro’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Noti Pro or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our changelog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Noti Pro may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.notipro.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Noti Pro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Noti Pro nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.
Noti Pro will use commercially reasonable efforts to make the Services secure, free of viruses or other harmful code, uninterrupted and error free, however, Users acknowledge that Noti Pro provides no warranty as to this.
10. Limitation of Liability.
In no event will Noti Pro, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Noti Pro under this agreement during the twelve (12) month period prior to the cause of action. Noti Pro shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty.
You agree to indemnify and hold harmless Noti Pro, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services in contravention of these Terms.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement shall be governed by the laws of California, United States of America and subject to the exclusive jurisdiction of the courts of California, United States of America.
I. Terms and Conditions
1. General Terms
1.1. The user (hereafter “Client” or “User”) agree to the following terms and conditions. These conditions are considered accepted whenever the User signs up for an account on Noti Pro (hereafter the “Application”) or visits any website owned by ART&FLUX.
2. Intellectual Property Rights
2.1. The Developer hereby declares to possess the rights, licenses and pertinent authorizations to the necessary tools for the development and implementation of the Platform. The intellectual property of all development will be exclusively the property of the developer.
2.3. All text, graphics, user interface, visual interface, photograph, brand, logo, sound, music, illustration, content and programming code, whether source or object included, among other aspects, design, structure, expression, “aspect and appearance” and the disposal of such content on the platform, is exclusive property of the Developer or licensed by the Developer, and is protected by copyright, patent, trademark, and international intellectual property treaties.
3.1. For the effects of these Terms and Conditions, the Parties understand by “Confidential Information” the non-public information that the Developer identifies as confidential or that in the event of being revealed, should be treated as confidential. Confidential Information includes, without limit to, information related to the Developer’s software or hardware products, irrespective of whether they have been released for sale, offered in the market or promoted in any way; the practices or commercial policies of the Developer; its technical and financial knowledge; source and object codes; plans for future products; commercialization plans; specifications; formulas; settings for teams and networks; business strategy; inventions; discoveries; improvements; industrial secrets; interfaces; graphic designs; GUI; client data; users and employees; general “know-how”; drawings and models; algorithms; pricing information; ideas and any other information belonging to or in possession of the Developer, whether supplied by the Client or any other manner. For the effects of these Terms and Conditions, all the information that is provided to the Client or that the Client becomes aware of during the use and implementation of the Platform for the Client, whether the information belongs to the Developer or a Third Party, will be considered Confidential Information, without any need to indicate it as such.
3.2. Notwithstanding the above, the following will not be considered Confidential Information: information that (i) is or becomes public and available in such a way that it does not constitute a violation by the Client of any obligation to the Developer; (ii) or that was known by the Client before the Developer made the Client aware of said information; (iii) or that the Client became aware of by a different source than the Developer and that would not represent a violation of any confidentiality obligation to the Developer or (iv) that has been developed independently by the Client.
3.3. The Client declares to know that the Confidential Information is private and its disclosure would cause irreparable damage to the Developer, its partners or clients. As such, the Client will not reveal any Confidential Information to third parties, under any circumstance, without previous written authorization from the Developer.
3.4. The Client is expressly obligated to take all the necessary measures to protect, under the strictest confidentiality, all the Confidential Information that they are supplied with, and must take measures that as at least as effective as the measures they take to protect their own Confidential Information. In particular, the Client must protect the Confidential Information from illicit acts by third parties, such as thievery or spying. If by a judicial order the Client is obligated to share all or part of the Confidential Information, the Client will be able to comply with this requirement having previously notified the Developer within twenty four (24) hours of receiving the judicial notification in the interest of the Client proceeding to take the actions that are necessary to protect their interests.
3.5. The obligations of confidentiality and the use of confidential information contained in these Terms and Conditions have an indefinite validity.
3.6. The Parties recognize that the Developer will suffer an irreparable damage as a consequence of the violation of the obligations contemplated here, and as such any breach by the Client of the assumed obligations in these Terms and Conditions will enable the Developer to take the necessary legal actions to reclaim the losses and damages that the Client inflicted or could inflict, including all Lawyer’s fees and costs incurred by the Developer.
3.7. The Developer will be able to use the implementation of the Platform by the Client for marketing uses, such as case studies, provided that it is for lawful purposes and that in no case the image and prestige of the Client is affected.
4. General Conditions
4.1. If any part of these Terms and Conditions is illegal, null or inapplicable, said term will be considered separable from the Terms and Conditions and will not affect the validity and applicability of the rest of the terms.
4.2. The allowance of any breach of these Terms and Conditions will not imply an acceptance of future breaches with respect to these obligations.
4.3. The Parties will be able to modify the present Terms and Conditions at any time by mutual written agreement.
II. Terms of Service – Client
1. Annual and Monthly Subscription
1.1 The Client agrees to make payments for the services in advance at the beginning of each period. In the event that the respective payment is not made, the provider has the right to block access to the exclusive content of the contracted plan within 14 days of the failed payment. Additionally, the client must pay the amount of the corresponding payment along with a penalty of 1% for every day it is overdue.
1.2 The Client is able to cancel the service at any moment, without any refund of subscriptions for months already paid.
2. Guarantees and Levels of Service
2.1. The provider offers a guarantee of the functionality of the platform for use made in accordance with the terms and conditions of this proposal and its Annexes.
2.2. The Provider guarantees a monthly service availability rate of 97%.
2.3. The monthly service availability rate will not be affected, and the Provider will not be held responsible for performance or availability problems:
As a result of factors beyond the reasonable control of the Provider (for example, a network or device error on the client’s end, between our servers and the Client’s, or failing of the internet provider of the Client or the Provider;
As a result of the Client or a third party’s hardware, software, or services.
As a result of the actions or omissions of the Client or a third party.
During use of the preliminary versions (ex. preliminary technical versions, alfa versions, beta, as determined by the provider);
Attributed to the actions or omissions of the client or their employees, agents, contractors, suppliers, representatives, or any other person who obtains access to the Platform through the passwords and equipment of the Client.
2.4. Complaints about the unavailability of the servers of the Platform. The client will provide the Provider with all of the reasonable details related to the claim, including, but not limited to, detailed descriptions of the incident, the duration, network tracking routes, and any attempts by the Client to resolve the incident. The client must present any claim with sufficient evidence to support it.
2.5. The Provider provides all of the reasonable information necessary for validating the claim and will use good judgment in determining if the level of service guaranteed applies to the claim. In the affirmative case, the platform’s downtime will be added to the current month’s bill.
2.6. The Provider will reimburse the Client a maximum of 25% of the monthly bill if the Platform’s imputable downtime according to the levels of service is less than 97%. The reimbursement will be made in the form of a discount to the monthly bill following the month affected by the claim.
2.7. The Provider will provide technical assistance, correction of bugs and training in order to resolve any problems that can come with launching the platform for the Client. It will also create the necessary manuals so that the Client can train its own dependents to use the Platform, provided that the manuals and tutorials available within the Platform itself prove to not be sufficient, at the discretion of the Client.
1. General Conditions.
1.2. The terms govern the relationship between Joincube, Inc. (the Provider), the Client (“The Operator”), and any person who uses the platform (the “User”). The User, in conjunction with the Provider and Operator, are will be referred to as the “Parties”. 1.3. The user confirms and guarantees that he/she is at least thirteen (13) years of age, and if he/she is under 13, he/she cannot, under any circumstance, use the platform. The Provider and Operator may, at anytime, refuse to offer the services of the Platform to any person or entity and change the eligibility criteria at anytime.
2.1. User: is any person who enters the platform.
2.2. Registered User: a user enabled by the Administrator to use the Services.
2.3. Administrative User: User designated by the Operator to facilitate control and management of the Platform.
2.4. Users Information: any information uploaded to the Platform by the User.
2.6. Protected Content: refers to all of the content of the Platform, including all of the source code, databases, services and functionalities, algorithms, software, design, user interface, audio, video, text, sounds, photographs and graphics, among others.
2.7. Protected Brands: refers to the trademarks, trade marks, and logos within the Platform, owned or license to the Provider and the Operator, respectively, protected by intellectual property rights. All Provider and Operator graphics, logos, designs, page headers, button icons, and service names are registered trademarks, trade marks, or commercial images that are identified on the market.
3. Description of the Platform.
3.1. Services and Functionalities. The Platform provides the Users with a changelog and notification center tool used to send users and site visitors important updates about their products and services.
3.2. Registration and Use of the Platform. In order to use the Platform, the User must register their email address and provide their personal information.
3.3. Administration of the Platform. The Operator can designate one or more User Administrators, with power to enable and suspend Registered Users, upload, modify, and eliminate content. The Administrator Users are to be considered agents representing the Operator.
3.4. Minimum technical requirements. In order to use the Platform, the User must have devices with internet commotion of 512kbps or better, a browser compatible with Internet Explorer 8 or better, Google Chrome 12 or better, Mozilla Firefox 8 or better, or Safari. The correct functioning of the device is the responsibility of the User.
3.5. Modifications to the Use of the Platform. The provider or the Operator reserve the right at any time to interrupt, restrict, modify, temporarily or permanently, the service functions, or information of all or part of the Platform. The User accepts that neither the operator or Provider can be held responsible for any modification, suspension, or interruption of the services of the Platform.
3.6. The Provider can provide updates, new versions, improvements and aggregations of the functions of the Platform or any other element thereof.
4. Limited License
4.2. The Platform and any of its parts may not be reproduced, duplicated, copied, sold, resold, license, rented, or exploited in any way, for any commercial purpose, without the prior, written, and express consent of the Provider.
4.4. The User may not directly or indirectly copy, decompile, reverse engineer, disassemble, attempt to exploit the code, modify or create tasks derived from the Platform or its parts.
4.7. “Protected Content” is provided for information and personal use only, and may not be used, copied, reproduced, aggregated, transmitted, disseminated, displayed, alienated, licensed, or exploited for any purpose without the prior written consent of the Respective owners.
5. User Responsibility
5.1. To use the Platform, the User must have been invited by an Administrator User and provide true, accurate, current and complete personal information.
5.2. The Provider and the Operator reserve the right, without prior notice:
to determine the functions, services, appearance or other characteristics that will be available for the users use within the Platform, and
to add, modify or remove any content, material and/or functionality that is available on the Platform at any time and for any reason;
suspend or remove User accounts, including their content, that have been reported for misuse of the Platform;
suspend and/or delete the accounts, including their content, of Users in which there has been improper use of the Platform, including falsification of identity or affiliation with any person or entity, including the use of the username and password of another person or other account information.
5.5. The User may not use the Platform to violate the rights of third parties, including copyrights, and is therefore only permitted to upload contents for which he/she owns the intellectual and/or industrial property rights and/or authorizations of the holders of said rights.
6. Operator Responsibilities
6.1. The Operator shall carry out the administration and internal management of the Platform for Users, including:
maintaining the confidentiality of the access credentials of the Administrators Users;
report to the Provider and the authorities on any illegal activities carried out through using the Platform; C) comply with the applicable legislation on the protection of personal data and privacy;
only authorize people linked to your organization as Users of the Platform;
6.2. THE PROVIDER LICENSES THE PLATFORM TO THE OPERATOR AND THE USER FOR THE EXCHANGE OF LICENSE INFORMATION. THE PROVIDER HAS NO INHERENCE OR CONTROL ON THE CONTENT AND SUCH INFORMATION PUBLISHED BY THE PROVIDER OR THE OPERATOR. THE PROVIDER DOES NOT PARTICIPATE IN THE INTERNAL RELATIONSHIP BETWEEN THE OPERATOR AND THE USERS.
7. Warranty and Liability
7.1. The Provider shall not be responsible for the content or information that may be accessed through the Platform.
7.2. The Provider recognizes the account Operator as the sole owner of the intellectual property of the information shared by the Users.
7.3. The Provider provides the Platform to the Operator for its own organization and the exchange of information by its Users. The Provider does not control or examine the content generated by Users, does not guarantee that such content is appropriate and /or that it does not violate legal provisions and /or that do not contain malicious code.
7.4. The Provider is not obligated to verify the identity of the Users, and is reason why it will not be responsible in any case of illegitimate interposition of identity.
7.5. The Provider will not be responsible for any circumstance that are outside its control or its possibility of knowing, such as the malfunctioning of the Platform due to congestion of the networks, the use of obsolete equipment by the Users, etc.
7.6. The Provider shall not be liable for any direct or indirect damages arising from the use of the Platform, or for any other claim related to any other way in which the User uses the Platform, nor for the performance thereof, nor for errors or omissions in any content, nor for loss or damage of any kind caused by the use of content sent, transmitted or otherwise accessible through the Platform.
7.7. The Provider will not be liable directly or indirectly for any loss or damage caused to the User in relation to any content, information, opinion, recommendation or advice expressed by a third party within the Platform.
9. Miscellaneous provisions.
9.4. This statement is subject to the United States and State of Delaware and for all intent and purposes the parties submit to the jurisdiction of the Courts of New Castle, State of Delaware, waiving any other jurisdiction.
9.6. Divisibility. If any provision of this Agreement is void, invalid, illegal or impossible to fulfill, this will not affect the validity, applicability and compliance with the rest of its provisions.
IV. Acceptable Use Policies
Using the platform for any purpose that violates Provincial, National and / or Municipal laws, regulations and / or decrees, including pornography, fraud, obscene material trafficking, drug trafficking, gambling and spamming (continuous publication of repetitive text);
Using the platform to promote content related to cryptocurrencies and similar financial instruments.
Using the platform to promote content related to social media marketing, “panel” or the buying and selling of “likes” and other social media engagement actions.
Posting content on the platform that infringes the intellectual property rights, privacy, trade secrets, patents, trademarks or any other third party rights, of the supplier or the operator.
Posting content on the platform that is undue, illegitimate, false, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing or offensive towards other persons, both physical and fictional, and at the discretion of the Operator or Supplier.
Publishing content that constitutes cyber-bullying, which will be determined at the sole discretion of the Operator or the Supplier.
Publishing content that represents a dangerous behavior, that can threaten people’s safety, or that is risky in any sense.
Posing as another person when posting content, or using the platform in any way that is misleading or confusing to others.
Using any information obtained through the platform in order to contact, advertise, solicit, or sell to any user without prior express consent;
Trick, defraud or deceive the Provider, Operator or other users of the platform, especially to try to obtain confidential account information, such as passwords;
Harassing, intimidating or threatening the employees of the Supplier or the Operator, or the representatives who participate in the provision of any part of the platform;
Interfere, interrupt or create an excessive load on the website or on the platform; Either from a single computer, or through the use of terminals controlled by the person creating the load (for example, an attack on the service).
Skipping, avoiding, or attempting to skip or avoid any measures we use to prevent or restrict access to the platform.
Publishing content or files containing malicious code such as viruses, malware, trojans, keyloggers and any other destructive software.
Disguising the origin of any information or query transmitted through the website or the use of tools to anonymize its Internet protocol address, or “IP address” (for example: an anonymous proxy) to access the Platform;
Posting offensive comments related to race, national origin, ethnic, cultural, religious, gender, sexual preference or physical disability;
To demean, disparage, discredit, or damage in any way, at the sole discretion of the Supplier or the Operator, the Supplier, Operator and / or platform;
Incite or encourage others to do any of the activities described in this document.
BREACH OF THESE TERMS WILL IMPLY THE IMMEDIATE TERMINATION OF THE USER’S ACCOUNT.