1. Acceptance of Terms
The following “Terms of Service” governs your use of the software and services provided by OneSpot Automated Marketing Systems (“OneSpot.pro”) at app.OneSpot.pro web app (the “Site”). This is a binding agreement between you and OneSpot.pro and integrates our Privacy Policy at app.OneSpot.pro. By using any software or services provided by OneSpot.pro (the “Services”), you are accepting to be bound to the terms of this Agreement.
We reserve the right to modify these Terms from time to time. When we make any modifications to our Terms, we will provide a notification to inform you that our Terms have been modified or we plan to modify our Terms. You accept and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.
BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY
THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS,
PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
SITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE
TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS,
SERVICES OR SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE
“SIGN IN” BUTTON ON OUR SITE.
2. Services
OneSpot.pro provides a multitude of products integration and services for users on our Site, which you may subscribe through our Site.
a. No Guarantee
While OneSpot.pro works hard to provide quality Services, you understand and accept that we cannot promise or guarantee specific results from using the Site or Services available on this site.
b. Temporary Interruptions
You acknowledge and agree that temporary interruptions of the Site may occur. You also understand and agree that we do not possess control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery, interruption, or failure to store any user communications or personalization settings.
c. Right to Modify the Services
We reserve the right to apply new elements as part of the Services including adjustments that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
d. No Contingency on Future Releases and Improvements
You recognize that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third party services or dependent on any public comments we make, regarding any future functionality or feature.
3. Payment
a. Fees
If you decide to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscriptions provide pricing for distinct levels of services and products based on the services you decide to use. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Fees may change from time to time.
Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and contact number, and to provide us with any changes in such information within 10 days of the change.
b. Overdue Amounts
If, for any reason, your credit card is declined by OneSpot.pro or otherwise refuses to pay the amount billed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.
In the case legal action is required to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal costs.
c. All Subscriptions are Non-refundable
Except as described below, all fees paid for the Services provided on our Site are nonrefundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we decide to issue a refund or credit in one instance, we are under no duty to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1. Where we substantially modify Terms of Service/Privacy Policy during a billing period and such modification adversely affects you, we may refund a portion of your subscription fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To qualify for a refund, you must provide written notice which must (a) identify your account and (b) request cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are approved to effect such cancellation. Please refer to the section, “How to Send Notices to OneSpot.pro,” below on how to provide notice to us.
2. As stated in the section, “Services,” where a modification or interruption adversely affects you and alternative remedies as specified in our Terms of Service are not available, we may refund a portion of your paid subscription fee equal to the
remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.
3. Dispute resolution- Any controversy, claim or dispute between you and the Company (and/or any of its affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) of any nature, kind, or description will be submitted to final and binding arbitration in Miami-Dade County, Florida, for determination in accordance with the American Arbitration Association (“AAA”) as the exclusive jurisdiction and forum for such controversy, claim or dispute. Any such arbitration shall be before a panel of three arbitrators agreed to by the parties. Each party agrees that the arbitration provisions of this Agreement are its exclusive remedy and expressly waives any right to seek redress in another forum. During the arbitration proceedings the fees of any neutral arbitrators shall be borne equally by the parties. At the conclusion of the arbitration proceedings, the losing party shall reimburse the prevailing party for its attorney fees and costs. As part of this agreement, the parties agree not to dispute any credit or debit card charges through their banks or payment processors and that any dispute must be submitted to binding arbitration. A breach of this term is deemed material and the parties agree that their measure of damages would be impossible to calculate and thus are subject to liquidated damages of $2,500.00 per occurrence plus the amount of the charge back or disputed sum, plus attorney fees and costs.
4. Site Conduct, Posting Policies & Third Party Websites
a. User-Created Content Guidelines
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent,
tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or
violent content;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
4. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or
gambling;
5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or
telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
6. breaches the security of, compromises or otherwise allows access to secured,
protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
7. impersonates any person or entity, including any of our employees or representatives.
At our sole discretion, OneSpot.pro may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.
b. User customization
OneSpot.pro platform within our Site may be modified by users, incorporating the users’ name, logo, trademark, and color scheme into user’s individual access area within our Site, and/or by otherwise applying a user-built code on top of OneSpot.pro platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your customized look and feel of our Site. You acknowledge that you may not be able to customize our Site according to your unique branding to the extent that your customization would appear to be independently developed.
c. No Endorsement
OneSpot.pro neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
OneSpot.pro may publish content featuring testimonials of our users, and any views or opinions expressed in such posts are personal and do not constitute or imply any approval, sponsorship or endorsement of OneSpot.pro.
d. Third-Party Sites and Information
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You acknowledge that we are not responsible for the correctness, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
e. Promotions
Occasionally, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
f. Electronic Communication
When you register in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that OneSpot.pro maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by OneSpot.pro for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally concerning your Account(s) with OneSpot.pro. We will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from OneSpot.pro, do not respond to the email and notify OneSpot.pro by emailing us at support@OneSpot.pro.
5. OneSpot Intellectual Property
a. Content
For uses of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by OneSpot.pro or its Affiliates.
b. Ownership of Content
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of OneSpot.pro or its Affiliates
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of OneSpot.pro or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of OneSpot.pro or its Affiliates.
A third party website may feature our logos or trademarks, with or without authorization. Our logs or trademarks featured in any third party website do not constitute or imply any approval, sponsorship or endorsement of OneSpot.pro. software and processes incorporated into the Services available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
c. Limitations on Use of Content
Except for a single copy made for personal use, you may not copy, reproduce, alter, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written authorization from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
d. No warranty for Third-Party Infringement
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
6. Content You Create
a. Your Intellectual Property Rights
You own and retain all rights to your data and your code for customizing OneSpot.pro platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under this Agreement.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringement, OneSpot.pro or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act,17 U.S.C. § 512(c). We may also make a good faith effort to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by OneSpot.pro or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Notice may be sent to:
By e-mail: support@OneSpot.pro
b. Counter-Notification
If material that you have posted to our Site has been taken down, you may file a counternotification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the federal district court in the State of Connecticut and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
5. Your physical or electronic signature.
c. Notice may be sent to:
By e-mail: support@OneSpot.pro
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
d. Submission of Ideas
Our Site may include a platform through which users may submit ideas to use for new products, services and/or related features (each, an “Idea”). By submitting an idea to OneSpot.pro, you agree to the following unless we have mutually agreed in writing otherwise:
1. You are submitting your Idea to OneSpot.pro on a voluntary, non-confidential and gratuitous basis;
2. You grant OneSpot.pro and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Idea you submit to OneSpot.pro without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of OneSpot.pro or its designees throughout the universe in perpetuity in any and all media now or hereafter known;
3. OneSpot.pro may already be working on the same or a similar Idea, that it may have
received a similar or identical Idea from other sources;
4. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to OneSpot.pro, and neither your disclosure of the Idea nor OneSpot's review and/or use of the Idea will infringe upon the rights of any other individual or entity;
5. Disclosing your Idea to OneSpot.pro does not determine a confidential relationship or
obligate OneSpot.pro to treat the Idea as confidential;
6. OneSpot.pro has no obligation to develop or use your Idea and does not owe you or anyone else any compensation for any use of your Idea or any Ideas that are related to or derived from your Idea;
7. OneSpot.pro assumes no obligation with respect to any Idea unless and until it enters into a written contract with you, and then only as expressed in such written contract;
8. If your Idea is the subject of a patent that is pending or has been issued, you have or will disclose that fact to OneSpot.pro. OneSpot.pro recognizes that to the extent you hold a patent in the Idea, no license under any patent is granted herein to OneSpot.pro;
9. Any license to use a patented Idea shall be in the form of a written contract, and
OneSpot’s obligations shall be limited to only those in such written contract;
10. OneSpot.pro is not obligated to review your Idea, give reasons for rejecting your Idea, or disclose any activities that are related to the subject matter of your Idea;
11. You will not interpret OneSpot’s review of your Idea, or any discussion, negotiations or offer between yourself and OneSpot.pro relating to the possible purchase or license of your Idea, as recognition of the novelty, originality, priority, other rights, or value of your
Idea, and OneSpot.pro’s discussions or negotiations with you will not in any way impair OneSpot.pro’s right to contest the validity or infringement of your rights;
12. You hereby irrevocably release and forever discharge OneSpot.pro from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against OneSpot.pro or its respecting successors and assigns with respect to the Idea, including without limitation in respect of how OneSpot.pro directly or indirectly uses the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and
13. You agree that you are responsible for the content of the Idea and further agree (at OneSpot.pro’s option and at your sole expense) to defend, indemnify, and hold OneSpot.pro harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which OneSpot.pro may incur as a result of, use of, or are related to your Idea and anything contained therein in accordance with these Terms of Service.
7. Data Stored on Our Servers
Subject to our Privacy Policy at app.OneSpot.pro, you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.
8. Privacy & Security
a. Login Required
In order to access some of the Services on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
b. Passwords & Security
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
c. Disclosure to Third Party Affiliates
Subject to our Privacy Policy at app.OneSpot.pro, you hereby grant us the right to disclose to third parties certain Registration Info about you. [Optional: The information weobtain through your use of this site, including your Registration Info, is subject to our PrivacyPolicy, which is specifically incorporated by reference into these Terms of Use.]
d. Non-Transferability of User Account
User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by OneSpot.pro unless acknowledge by OneSpot.pro in writing. OneSpot.pro has no obligation to provide you with written acknowledgment. OneSpot.pro may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
9. Disclaimer
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE
CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT,
SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR
SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE
QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU
FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS
OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE
CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND
WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF
ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN
CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH
THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY,
AND NOT BY US OR ANY OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE,
INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR
WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT
ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF
FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR
ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
"Disclaimer of Liability for Facebook Advertising
You understand and agree that the use of Facebook advertising is subject to the terms and conditions set forth by Facebook, Inc. and that your access to Facebook advertising may be disabled by Facebook at any time for any reason, including but not limited to violations of Facebook's advertising policies. You acknowledge that OneSpot Automated Marketing Systems. has no control over and makes no representations or warranties about Facebook's advertising policies or the enforcement thereof.
You agree to hold OneSpot Automated Marketing Systems. harmless from and against any and all claims, damages, losses, and expenses arising from or related to your use of Facebook advertising or any action taken by Facebook with respect to your access to or use of Facebook advertising, including but not limited to the disabling of your access to Facebook advertising.
This disclaimer of liability applies to any and all claims, whether based on contract, tort, or any other legal theory, and whether OneSpot Automated Marketing Systems. has been advised of the possibility of such claims."
10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the 3 month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE
REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES
REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with: (1) use of or reliance on information or data supplied or to be supplied by You; (2) any breach of or default under the terms or conditions of this Agreement by You; (3) the wrongful use or possession of any OneSpot Property by You; (4) any negligence, gross negligence or willful misconduct by You or your employees or agents; and/or (5) any disputes between (i) You and other Users (ii) You and your client(s) and/or (iii) your clients.
11. Termination of Use
a. Grounds for Termination
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
c. How to Terminate or Make Adjustments
If you, for any reason, would like to terminate your access to our Site or make adjustments, OneSpot Automated Marketing Systems requires written notice at least 30 days before your next billing date.
d. No Termination by Third Party Users
OneSpot Automated Marketing Systems has limited access to subscriptions not directly purchased from us. Any user who has been given access to our Site by any party other than OneSpot, must contact the party who originally provided access to our Site for any inquiries related to termination
12. Miscellaneous Provisions
a. Privacy
Personally identifiable information or aggregate information that you provide will be handled in accordance with OneSpot’s Privacy Policy at app.OneSpot.pro.
When you give access to our Site to any other parties, i.e. your client(s), you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by OneSpot. You must obtain consent from your client(s), affirmatively acknowledging that your client(s) agree(s) to be bound by your privacy policy.
b. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with this Site is void where prohibited.
c. Governing Law
This Site (excluding any Third Party websites) is controlled by us from our offices in
Connecticut, and the statutes and laws of Connecticut shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue to North Grosvenordale, Connecticut or appropriate federal/state court of Connecticut with respect to such matters controlled by that court.
d. How to Send Notices to OneSpot
All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at support@OneSpot.pro You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
e. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
f. Savings Clause
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.
g. No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
h. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
PRIVACY POLICY
OneSpot Automated Marketing Systems (referred to as “Company,” “us” or “we”) recognizes that your privacy is important.
This Policy discloses the privacy practices for OneSpot’s web app (the “Site”), as well as related products and services we may present to you (the “Service”). This Policy also covers how personal and other information that we receive or collect about you and your clients (“Clients”) is treated. Please read the information below to learn the following regarding your use of this Site.
We reserve the right to modify this Privacy Policy from time to time. We will notify you about substantial changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your (a) acknowledgment of the modified Policy; and (b) your agreement to accept and be bound by that Policy.
IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE,
YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY
BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED
BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE
THE SITE.
1. Types of Information We Collect
In an effort to better provide you with our Service, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in a public forum on this Site, or sending us feedback, we may ask you to provide specific information about yourself.
Examples of PII may include your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone and facsimile numbers, and other identifying information. When ordering products or services on the Site, you may be asked to provide a credit card number.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use Information
OneSpot does not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) uploading individual transaction data obtained from your third-party invoicing or accounting applications (for example, “QuickBooks,” “Xero,” “Clio” etc.), (c) uploading user generated content and other information uploaded to the Site (d)sending us an email message; (e) submitting a form or transmitting other information by telephone or letter; or (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site.
We will primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site’s content, layout, and services. We may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content. We may also use PII to deliver information to you and to contact you regarding administrative notices. Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, and this Privacy Policy.
We may also collect or our third party advertising partners may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Our third party advertising partners may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at out Site.
3. Cookies
Depending on how you use our Site, we will store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Release of Information
OneSpot will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
We will encourage our Service Partners to adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Privacy Policy, this document only directs the use and disclosure of information we collect from you. Other Sites
accessible through this Site, including our Advertising and Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each Site’s privacy policy as we are not responsible for the policies or practices of third parties.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will release PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith
believe to be unlawful.
We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any given time by linking to your account in accordance with instructions posted elsewhere on this Site.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
6. User Choices on Collection and Use of Information
We may, occasionally, send you email regarding new products and services that we feel may interest you. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally call or send you direct mail about products and services that may be of interest to you. Only OneSpot (or agents working on behalf of OneSpot and under confidentiality agreements) will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations from us, you can “opt-out” by accessing your account online editing your account information to no longer receive such offers and mailings.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
7. Security of Your PII
At our Site you can be confident that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
• We work diligently to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information: only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
• We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Site.
• Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ advanced password protection.
• Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.
In order to most effectively serve you, credit card transactions and order fulfillment are handled by established third party banking institutions and processing agents (such as e.g. PayPal). They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. As we have no control or ability to monitor the security of your device, you should take measures reasonably available to secure your device.
In the event that PII is compromised as a result of a breach of security, OneSpot will promptly notify those persons whose PII has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law. You agree to immediately notify us and your Clients if you have experienced a breach of security on your device which may have affected the security of our Site or Service.
8. Miscellaneous
You must be at least 18 years old to have our permission to use this Site. By agreeing to Our Policy, you are hereby confirming that you are at least of 18 years old. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Site Terms and Conditions of Use Agreement for our Site Conduct policies.
If you have any questions, concerns or inquiries about our Privacy Policy, or our use of your PII, or our privacy practices, please contact us at:
support@OneSpot.pro. You can also reach our Privacy Compliance Officer by sending written correspondence to:
OneSpot Automated Marketing Systems
Email: support@OneSpot.pro
Attn: Privacy Compliance Officer
9. GDPR: European or UK data subjects
Our clients use the OneSpot Automated Marketing Systems software to collect and process the personal data of individuals, which may include individuals in the EU and/or the UK. In particular, they use the software to manage their marketing lists and campaigns, which includes the processing of the personal data
of their customers.
For the purposes of the GDPR (and the UK GDPR) OneSpot Automated Marketing Systems> acts as a processor of the personal data of data subjects. The controller of the data subjects’ personal data is either our client, or the customers of our client.
We only process such personal data in accordance with the instructions of our client and in compliance with our obligations as a processor. We ensure that a data processing agreement is entered into between us and our client in order to ensure that appropriate safeguards are in place.