The terms “Website” and “We” refer to the right holder of this website (hereafter referred to as Website), MessageSpring, Inc and its affiliates’ (If You Can Company Limited, MessageSpring LLC, If You Can Technologies LLC) (hereafter referred to as Company). The term “you” and/or “Buyer” and/or “User” refers to the users and viewers of this website.
These conditions are governed by and construed in accordance with the laws of the State of Delaware.
Company provides software solutions and applications through the site and any applicable software (collectively, the "service/products"). The service is provided by Company to you and any individual or entity to whom you grant the right to access the service through your account, subject to these terms and all modifications thereto and/or other rules that may be published from time to time by Company. From time to time, we may notify you of updates or modifications to or new versions of the service. Your usage of the updated or new versions of the service confirms your acceptance of the new or updated service, and is also subject to, these terms.
Company's product and service names referred to on the Website are trademarks of Company and are protected by the legislation of State of Delaware and relevant international treaties.
Website and Services content (information, communication, images, videos and sounds) is provided by Company. The contents of Website are copyright © Company or organizations cooperating with Company. All rights reserved.
The contents of Website and appropriate Services cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying, copying or recording without the prior written permission of Company.
You agree that the material and content contained within or provided by Website is for your own personal use only and may not be used for commercial purposes or distributed commercially without Company’s consent. Any unauthorized use of the contents of Website may be in breach of copyright, trademark or intellectual property law. Company reserves the right to make changes to the website as a result of which services may be modified, supplemented or withdrawn.
In some sections of Website We may ask you to provide personal information that will enable us to keep you informed of our latest products and services or to allow you to access certain services and products.
By registering on the Website, as well as placing an order of product, You give full and unconditional acceptance to the Company on processing your personal data provided by You (name, sex, address, phone number, email address, date and place of birth, other), including any actions (operations) on Your personal data, like using automated and unautomated tools, including the collection, recording, input, systematization, storage, organization, clarification, use, upgrade, recovery, modification, transfer, correction, blocking, destruction. You agree that the Company is entitled under its responsibility to confide the processing of personal data to any third party at its own discretion, ensuring confidentiality and protection of personal data.
5. Limitation of Liability
This site is provided on an "as is" and "as available" basis without express or implied representations or warranties of any kind, including but not limited to representations or warranties related to the operation, accessibility, availability, completeness, accuracy or suitability of this site for any purpose. You are fully and exclusively liable for any and all risk resultant from the use of the services.
Company uses its reasonable endeavors to maintain Website in a fully operating condition. Company is not responsible for the results of any defects that exist on Website. You should not assume that Website or its content is error free or that it will be suitable for the particular purposes that you have in mind when using it.
Company bears no responsibility and assumes no liability for any content posted on this site by you or any third party, for the content of other sites hyperlinked or otherwise linked to Website but not administered by Company and for services provided through them. Neither can we be deemed to have endorsed this content.
Company bears no responsibility for any damage arising from the use of or inability to use this site and/or services or any hyperlinked site or from any action you may take or omit to take relying on the information on this site, including direct, indirect or consequential damage, loss of data, income, or profit, loss of or damage to property, and claims of third parties. You are fully and exclusively liable for all these.
Website is accessed via the World Wide Web that is independent of Website and Company. Use of the Internet is conducted under your risk and responsibility and is subject to all applicable national and international laws. Company is not responsible for any information or service received or downloaded through the Internet.
6. Proper Use
You agree to neither cause, nor knowingly allow others to cause any nuisance, annoyance, or inconvenience, whether to Company or any of its customers or users of Website by any means. You also agree not to use this site or services of Company to transmit or post any material which is of defamatory, offensive, obscene or menacing character or which may in our judgment cause nuisance, annoyance, inconvenience to Company or any other person, or which is illegal. You should not use Website in a way that may interrupt, damage, render less efficiently or impair in any way any of the services of Company.
7. Registration and Security
You hereby confirm that you reached the age of 18 years before registering on Website.
To use some of the services, you should pass a registration process/sign up and provide Company with up to date, complete and accurate information. The failure to provide accurate and complete information on registration may result in impossibility or improper conduct of the obligations herein by Company.
You may also be required to choose a password. You are entirely responsible for any and all activities that occur under your account and you shall be strictly liable to make payment of all charges incurred under your account whether or not these charges are incurred by you or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.
8. Emails and communication
When you visit the Website or send us emails, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically. We send You emails with the content as follows:
- answering your messages
- confirming your order/purchase, with its detailed description
- promotional messages in case you are subscribed to our mailings.
9. Terms of Purchase
This electronic document located on the Website, is an official offer of the Company and contains all the essential conditions of purchase, payment, delivery, etc. of Products/Services on the Website.
Acceptance of this Offer is considered completed when previous to purchasing You make a reservation online by the preventing phrase “By making an order, you confirm your agreement with the TERMS AND CONDITIONS” followed by pressing the button “SUBMIT PAYMENT”, You confirm the payment for the selected product.
Product/Service shall be made available after the payment for the selected item is completed and the amount is accrued on the bank account of the Company.
During the term of your subscription to the service (“subscription”, and such term, the “subscription term”), you have the limited right to use the service solely for your own internal, personal or commercial use. You agree not to transfer, lease, rent, assign, sublicense or resell the service, in whole or in part, unless you are an authorized partner of Company and only pursuant to a separate partners' agreement entered into between you and Company, and you further agree not to allow any third party other than your agents and end users to access the service. You are responsible for compliance with the provisions of these terms by your agents and end users and for any and all activities that occur under your account.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the service (collectively, “equipment”). You shall be responsible for ensuring that such equipment is compatible with the service (and, to the extent applicable, the software) and complies with all configurations and specifications set forth in Company’s published policies then in effect.
The Agreement/Subscription Fees
The information exposed on the Website (including, prices) is true and real.
If in virtue of a technical error, the price of the goods ordered by You will turn up wrong, You will be notified of such an error as soon as the Company found it. In this case, You will have the opportunity to cancel the purchase.
If the Company cannot contact You in the case mentioned in the previews paragraph, or will not receive reaffirmation of the order, it will be considered as a cancellation of the Treaty. If You have already paid for the canceled order, the paid amount will be completely paid back.
To the extent the service is made available for any fee, you will be required to select a subscription payment plan which is described fully on our pricing page and provide Company information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in your selected subscription payment plan in accordance with the terms of such plan as presented on the site. You hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. If you disagree with any charges you must let Company know within thirty (30) days after the date that Company bills your payment instrument. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments (collectively “taxes”). You shall be responsible for all taxes associated with your subscription.
10. Limited License
Any software/applications that may be made available by Company in connection with the service (“software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this agreement, Company grants to you a non-exclusive, non-transferable, limited license to use the software solely for the purpose of accessing and using the service in accordance with these terms during the term of this agreement.
11. No Warranties
The service is provided "as is, as available" without warranty of any kind, either express or implied. Not limiting the above mentioned, Company specifically disclaims any and all warranties, including, but not limited to: any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and any warranties of non-infringement, title, merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the service, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
It is your sole responsibility to isolate the service and take steps to ensure that services or other information obtained from the service, if contaminated or infected, will not damage your system. Company makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from Company, shall create any warranty not expressly made here.
12. Renewal and Cancellation
Either Company or you may terminate these terms and your subscription as of the end of your then-current subscription term upon written notice to the other, on or prior to the date thirty (30) days preceding the end of such subscription term. Unless your subscription is so terminated, your subscription will renew for a subscription term equivalent in length to the then-expiring subscription term. Unless otherwise agreed to in writing, the fees applicable to your subscription for any such subsequent subscription term shall be Companys standard fees for the service plan to which you have subscribed as of the time such subsequent subscription term commences.
No refunds for fees or payments will be provided to you if you elect to terminate your subscription prior to the end of your then-effective subscription term. Following the termination or cancellation of our subscription, Company reserves the right to delete all your content in the normal course of operation. Your content cannot be recovered once your subscription is cancelled.
Company may, in its sole discretion, terminate, discontinue or modify the service or your use of the service (or any part thereof), permanently or temporarily, if Company believes that you have violated these terms. Unless legally prohibited from doing so, Company will use reasonable efforts to contact you directly via email or your account to notify you. Company shall not be liable to you or any other third party for any such modification, suspension or discontinuation of your rights to access and use the service. Any suspected fraudulent, abusive, or illegal activity by you, agents or end users may be referred to law enforcement authorities at Company’s sole discretion.
Upon termination of your subscription, you will immediately cease all use of the service. Your right and license to use the service shall immediately cease upon termination. You shall thereafter have no right, and Company shall have no obligation, to forward your content or any messages or information to you, your end users or any other third party. Except as otherwise expressly provided herein, all sections of these terms which by their nature should survive termination will survive termination, including, without limitation, restrictions on the use of the service, payments obligations for any amounts owed, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
Company reserves the right to modify these Terms and any other policies applicable to this site from time to time, such modifications becoming effective immediately upon being posted on this site. By continuing to use this site you will be deemed to have accepted such amendments.
If any provision of these Terms or any other policies applicable to this site is deemed invalid, void, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
15. Applicable Law
Any issues in connection with or arising out of the use of this site or any services provided through it should be governed by the laws of the State of Delaware.
Any conflict of law rules that may refer to the application of the law of a third country shall be excluded from application.
All disputes arising out or in relation to the use of this site and all sites hyperlinked or otherwise linked to it shall be settled by means of negotiations.
If no solution is found during a reasonable time period (not more than two months), all disputes shall be settled by the respective court at the place of registration of Company.