1.ACCEPTANCE OF TERMS
The following instrument consists of the terms and conditions governing your (Site(s) owner or employee) access to and use of Perzonalization (“Perzonalization“) therein available at: www.perzonalization.com (the “WebSite“) and any other service via which Perzonalization is made available or can be used, such as, but not limited to, Perzonalization admin panel and scripts that are installed in Site(s).
This Perzonalization Terms and Conditions (“Terms and Conditions”) constitute a binding agreement between your Site(s) and Perzonalization when you add Perzonalization scripts on your Site(s), by clicking a box/link indicating your acceptance when you create an account on the “WebSite“, by downloading Perzonalization app from a marketplace or online store, by continuing to use and/or utilize Perzonalization in any way or manner you agree to abide by, or that you are bound, by this Terms and Conditions.
If you do not understand and/or agree to this Terms and Conditions, you should immediately exit this WebSite and avoid making any use of the WebSite and/or Perzonalization. Perzonalization and WebSite is provided by Perzonalization Inc; an incorporation organized and existing under the laws and by virtue of the General Corporation Law of the State of Delaware, U.S.
Perzonalization is a set of cloud services and software intended for use in Site(s). Perzonalization collects and analyzes client online behaviour in real time and makes it possible to calculate and automatically represent different types of personalized product and content recommendations, personalized ads, personalized e-mails and other marketing technology related functions. You can find a more comprehensive description of Perzonalization and its features on the WebSite.
Unless otherwise agreed in writing, you may use Perzonalization solely in connection with, and for the purposes of your Site(s). You may represent and allow access to the displays generated with Perzonalization on your Site(s) only.
Perzonalization is a constantly developing service. Therefore, we may amend the features of Perzonalization by removing, modifying or adding existing and new features without giving you a notice. We will, however, endeavour to inform you of material changes in Perzonalization by posting a notice at WebSite. If you are unhappy with the changes in Perzonalization, you can at any time cease to use Perzonalization, and/or terminate this Terms and Conditions by emailing us a written notice of termination or removing Perzonalization scripts from your Site(s).
Provided you are not in breach of this Terms and Conditions, Perzonalization grants your Site(s) a limited, worldwide, non-exclusive, non-transferable and revocable license to install and use the Perzonalization Service software within your Site(s), and to access recommendations and other services from the Perzonalization. You agree to pay Perzonalization for use of the Perzonalization as specified on the WebSite. If the account becomes past due, in addition to such other remedies as it may have, Perzonalization will be relieved of its obligation to perform services under this Terms and Conditions and the full amount of the fee will become due and payable. If either party commences any litigation arising from or relating to this agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys fees, both at trial and on appeal.
All the Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the WebSite, including without derogation any underlying scripts, software, platforms, algorithms, technology, WebSite design, any information, services, texts, files, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the WebSite and/or other proprietary materials (“Materials“) are the property of Perzonalization and/or its respective affiliates which retains all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of this Terms and Conditions or by any other provision contained in the WebSite with respect to the Materials or otherwise.
“Intellectual Property Rights” means worldwide (a) rights associated with works of authorship, designs and photography including copyrights; (b) trademarks, service marks, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
We, our officers, directors, employees and our suppliers provide Perzonalization on reasonable effort basis. While we endeavor to ensure that Perzonalization is available at all times, we make no warranty that Perzonalization will meet your requirements, or that Perzonalization will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from Perzonalization or as to the accuracy or reliability of any information obtained through Perzonalization. We warrant that in the event that Perzonalization is not available or that there are errors in its operation we will use every reasonable effort to remedy the event. This is your sole remedy in the event of interruption or errors in Perzonalization.
THERE ARE NO OTHER WARRANTIES THAN WHAT IS EXPRESSLY STATED IN THIS SECTION AND WE DO NOT MAKE ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF PERZONALIZATION, TO THE GREATEST EXTENT PERMITTED BY LAW.
6.LIMITATION OF LIABILITY
The parties will not under any circumstances be liable to each other or to any third party for any indirect, incidental, special, or consequential damages of any nature whatsoever (including but not limited to loss of use, revenue, profit, or data, business interruption, and the like), whether based upon a claim or action of contract, warranty, indemnity or contribution, or otherwise, arising out of this Terms and Conditions and/or the use or inability to use the Perzonalization functionality, even if the parties have been advised of the possibility of such damages, and even if such damages are caused in whole or in part by Perzonalization or the acts or omissions of Perzonalization. In no event will the liability of the parties in connection with this Terms and Conditions, regardless of the form of claim or action, exceed the fees paid by the Site(s), to Perzonalization under these terms.
7.PRIVACY AND PERSONALLY IDENTIFIABLE INFORMATION
- Analyzing online trends, creating and sharing industry related reports to again share with the Site(s);
- Enhancing the quality of the services described in this Terms and Conditions
- Customizing content of the Site(s) and the Site(s) ads [including but not limited to display ads, social media ads, banner ads and pop-ups on Site(s)] for individual users
Perzonalization may also collect and use personally identifiable information regarding users of the Site(s) to provide the services as described in this Terms and Conditions. The personally identifiable information we may collect from Site(s) will include, by way of example:
- E-mail address;
- Contact information (including, name, address, zip code, country, and phone number);
- User-specific and aggregate information on areas of the Site(s) accessed
The Site(s) will be solely responsible for all personally identifiable and anonymous data, information and other content provided by, or collected or obtained from, them or any of their users, including, without limitation, all personally identifiable information relating to the Site(s) or any of the Site(s) users, customers, service providers, employees, contractors or agents. The Site(s) grant to Perzonalization all necessary rights and licenses in necessary for Perzonalization to provide the services under this Terms and Conditions.
YOU SHOULD NOT PROVIDE PERZONALIZATION WITH ANY ANONYMOUS OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOUR SITE(S) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS TERMS AND CONDITIONS.
We do not process or use personally identifiable information that we collect or that is received from your Site(s) or from other third parties in a way that is incompatible with the purposes for which it was collected or received or subsequently authorized by you.
In any event, when Perzonalization receives personally identifiable information, we will treat all such data with the utmost care.
We will not sell, rent, or lease mailing lists or other customer data to others, and we will not make your personal information available to any unaffiliated parties, except to agents and/or contractors who may use it on our behalf or in connection with their relationship with us (for example, we may use third parties to help us with sending personalized e-mails).
You can terminate this Terms and Conditions at any time by sending an email to [email protected] Perzonalization can terminate this Terms and Conditions at any time without prior notice for any reason or no reason. Upon termination Site(s) right to use Perzonalization ceases and we will remove the Site(s) account. We will not return the information we have collected and we may continue to use it in accordance with this Terms and Conditions.
We can terminate Terms and Conditions and/or suspend your Site(s) use of Perzonalization also if your payment is delayed or refused by your credit card company.
Using Perzonalization is subject to the fees set out in our pricing page current at the time, available at the “WebSite“ and on company specific price quotes. We may change the pricing from time to time.
10.GOVERNING LAW AND VENUE
This Terms and Conditions are governed by the laws of the State of Delaware, U.S. and the exclusive jurisdiction and venue for any dispute arising out of or related to this Terms and Conditions will be the courts located in the State of Delaware, U.S. The parties hereby waive any objection to the jurisdiction and venue of such courts.