Terms of Service
By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
1. Description of Service
1.1 - The “Service” includes (a) the Site, (b) the on-demand platform. Any new features added to or augmenting the Service are also subject to these Terms.
1.2 - The Service may also include basic or expanded support based on the Service plan purchased. Showly.co does its very best to make the Service available as detailed in the applicable Service plan, 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.
2. Data Privacy and Security
2.1 In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for certain external third party integrations that do not support encryption, which You may link to the Service at Your choice.
3. Billing, Plan Modifications and Payments
3.1 - General. The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly or annually) via PayPal. If You do not provide Your credit card or other payment information to Showly.co 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.
3.2 - Auto renew. Your subscription will renew automatically based on Your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of Your subscription. All subscriptions will automatically renew at the end of Your subscription period until cancelled by You. You will not receive further notice of auto-renewal.
3.3 - Upgrading. 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. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Showly.co does not accept any liability for such loss. Showly.co reserves the right to contact You about special pricing if You maintain an exceptionally high number of end-users, an unusually high monthly ticket ratio per agent, an unusually high level of open tickets or other excessive stress on the service.
3.5 - Payment method. A valid credit card or PayPal account is required to subscribe to the service. Showly.co bills You through a secure online account for use of the service. We have an SSL certificate that prohibits Your sensitive credit card information from being intercepted. Your complete billing information is not stored on Showly.co servers.
4.1 - Showly.co reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Showly.co may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
5. Money back guarantee & refund policy
5.1 - We do not generally refund cancelled contracts. For example, if Your contract is monthly and You request a refund after two days, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, or overage charges. In case of AUP violations, any and all refunds are forfeit.
6. Refusal of Service
6.1 - We reserve the right to refuse, cancel or suspend service, at our sole discretion.
7. Intellectual Property
Showly.co claims no intellectual property rights over the material you provide to the Service. You acknowledge that Showly.co owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Polish and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
8.1 - Showly.co cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if Showly.co site was functioning. Certain services provided by Showly.co are resold. Showly.co holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Showly.co sees fit.
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Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 the Website or use any services. If these terms and conditions are considered an offer by Showly.co, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Showly.co Account and Site. If You create an account on the Website, You are responsible for maintaining the security of Your account and its content, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Showly.co may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Showly.co liability. You must immediately notify Showly.co of any unauthorized uses of Your account or any other breaches of security. Showly.co 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.
We may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email communications of this nature, or will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you. The only kind of these communications that you may not 'opt-out' of are those required to communicate announcements related to the Services, including information specific to your account, planned Services suspensions and outages. We will attempt to minimize this type of communication to you.
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