Terms and conditions
Last updated: June 31, 2018
Last updated: June 31, 2018
Your access to and use of Personizely is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Personizely cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Personizely’s customer support team at [email protected]
Personizely may offer new services and/or features through the Service (including, the release of new tools and pricing). Such new features and/or services shall be subject to the terms and conditions of this Service.
If you have one of Personizely’s old or custom plans, you can use it as long as you pay by the applicable due date. Any amounts not paid when due will be subject to cancellation of your plan and will result in not being able to renew your plan under the same conditions and/or pricing.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Personizely with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Service to charge all Subscription fees incurred through your account to any such payment instruments.
Personizely may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You can enter your billing information while using the Free Trial. If you do enter your billing information while using the Service in Free Trial, you will not be charged by the Service until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Personizely reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Personizely, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then current Billing Cycle. You will be notified 30 days before the change in the subscription fee and give you the possibility to keep your subscription or cancel.
Personizely will provide you with a reasonable prior notice of any change in the Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Personizely and granted in sole discretion of the Service. Please contact us through our chat support or email at [email protected]
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Personizely has the right but not the obligation to monitor and edit all Content provided by users.
In addition, the Content found on or through this Service is the property of Personizely or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You must use Personizely Services only for asking and gathering feedback about your products or services. Don’t misuse our Services. For example, don’t use the Service for research about products and services not provided or owned by you. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
You must not use Personizely Service to send unsolicited messages that may be considered as spam. You are expected to send messages only to real customers or someone that used and are familiar with your product or service.
An unsolicited email is when Recipient has not granted verifiable permission for the message to be sent. People who haven’t interacted with your product or service and/or haven’t given permission are very likely to report your surveys as spam. That is why we do not allow the use of any of the following: purchased lists of any kind scraped lists from websites or rented lists.
We reserve the right to suspend your account and start investigating your activity if your campaigns have a high rate of spam complaints or bounces. If it turns out that you were sending emails without permission – we will terminate your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Personizely and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Personizely.
Our Service may contain links to third party websites or services that are not owned or controlled by the Service.
Personizely has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/ individuals or their websites.
You acknowledge and agree that Personizely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Personizely and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Personizely, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Personizely its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions, and in compliance with the European Union’s General Data Protection Regulation (GDPR).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]