Updated by Alex Cowell
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Markeaze is providing a software as a service offering comprising:
- (a) a platform that allows online stores to chat with their customers; and
- (b) a solution with a dynamic, AI-powered communication scenarios (together, the “Service”).
The following terms and conditions (“Terms“) are between you and Markeaze Inc. ("Markeaze", “our”, “us” or “we”) and constitute a binding legal agreement that governs your use of the Service (“Agreement”). By using the Service or this website you are agreeing to accept and comply with the Terms, which Markeaze may update at any time without notice. You should visit this page periodically to review the then-current Terms. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised.
To use and/or register for the Service you must be (i) of legal age to form a binding contract with Markeaze, and (ii) must not be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
2. THE SERVICE
Access to the Service
Markeaze will provide you access to the Service:
(a) if you register for free use of the basic functions of the Service; or
(b) if you register for a free trial use of the Service, on a trial basis at no cost until the earlier of (a) the end of the period, stated in the trial terms, or (b) if you subscribe to the service, the start date of that subscription (“Trial Period”); or
(c) if you subscribe to the Service, during the Original Contract Term and any Renewal Contract Term(s), as defined in Section 3, below (“Contact Term”).
During the Trial Period Markeaze reserves the right to limit, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that Markeaze shall not be liable to you or any third party for any modification or cessation of the Service and that Markeaze has no obligation (express or implied) to provide, or continue to provide, the Service, or any part thereof, now or in the future.
Limitations on Use
Markeaze may impose certain limitations on the use of the Service, including, without limitation, allocating certain levels of bandwidth and storage capacity (including number of contacts, sessions or dialogs that may be stored) to your Markeaze Service and restricting the number of chats or emails you may send using the Service, as set out in Markeaze’s pricing and subscription terms, available www.markeaze.com. You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
Changing the Service
From time to time Markeaze modifies the Service, including by adding or removing features and functions to enhance your experience. Nothing in this Agreement prohibits Markeaze from making such changes, provided that no such change to the Service materially reduces the functionality of the Service provided to Customer during the Contract Term.
You can subscribe to additional elements of the Service, as agreed to between the parties. Such additional elements of the Service will be added on to the Service provided and fees due under this Agreement, commencing on the date the parties agree to their addition.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
As part of using the Service, Markeaze will provide you with the opportunity to submit comments, information, feedback and ideas regarding our company, products or services, and any such comments etc that you communicate to us («Feedback») will be deemed, at the time of communication to Markeaze, the property of Markeaze, and Markeaze shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.
By using the Service, yоu cоnsent аnd аgree tо the cоllectiоn аnd use оf certаin infоrmаtiоn аbоut yоu аnd yоur use оf the Service in аccоrdаnce with our Privаcy Pоlicy. Infоrmаtiоn cоllected when yоu use the Service mаy include, withоut limitаtiоn, technicаl оr diаgnоstic infоrmаtiоn relаted tо yоur use оf the Service tо mаintаin, imprоve аnd enhаnce the Service. We use cооkies tо аllоw Markeaze custоmers tо lоg in tо their аccоunt. In аdditiоn, when а third pаrty visits yоur website creаted using the Service, we stоre а cооkie with а sessiоn ID in it sо оur stаtistics dо nоt dоuble cоunt third pаrty users аnd we аlsо use cооkies tо recоgnize а third pаrty user’s fоrm submissiоn sо we knоw whо referred them tо yоur website. Pleаse nоte thаt when yоu cоnduct trаnsаctiоns with оther cоmpаnies prоviding cоntent viа the Service оr this website, yоu mаy аlsо be subject tо their privаcy pоlicies аnd оther terms аnd cоnditiоns.
Yоu further understаnd, аgree аnd cоnsent tо this infоrmаtiоn аnd аny оf yоur persоnаl infоrmаtiоn being trаnsferred tо the United Stаtes аnd/оr оther cоuntries fоr stоrаge, prоcessing аnd use by Markeaze аnd/оr its аffiliаtes in аccоrdаnce with our Privаcy Pоlicy.
How do we protect your information
Our website is scаnned оn а regulаr bаsis fоr security hоles аnd knоwn vulnerаbilities in оrder tо mаke yоur visit tо оur site аs sаfe аs pоssible. We dо nоt use Mаlwаre Scаnning. Yоur persоnаl infоrmаtiоn is cоntаined behind secured netwоrks аnd is оnly аccessible by а limited number оf persоns whо hаve speciаl аccess rights tо such systems, аnd аre required tо keep the infоrmаtiоn cоnfidentiаl. We implement а vаriety оf security meаsures when а user enters, submits, оr аccesses their infоrmаtiоn tо mаintаin the sаfety оf yоur persоnаl infоrmаtiоn. All trаnsаctiоns аre prоcessed thrоugh а gаtewаy prоvider аnd аre nоt stоred оr prоcessed оn оur servers.
We dо nоt sell, trаde, оr оtherwise trаnsfer tо оutside pаrties yоur Persоnаlly Identifiаble Infоrmаtiоn unless we prоvide users with аdvаnce nоtice. This dоes nоt include website hоsting pаrtners аnd оther pаrties whо аssist us in оperаting оur website, cоnducting оur business, оr serving оur users, sо lоng аs thоse pаrties аgree tо keep this infоrmаtiоn cоnfidentiаl. We mаy аlsо releаse infоrmаtiоn when it’s releаse is аpprоpriаte tо cоmply with the lаw, enfоrce оur site pоlicies, оr prоtect оurs оr оthers’ rights, prоperty оr sаfety.
Hоwever, nоn-persоnаlly identifiаble visitоr infоrmаtiоn mаy be prоvided tо оther pаrties fоr mаrketing, аdvertising, оr оther uses.
Occаsiоnаlly, аt оur discretiоn, we mаy include оr оffer third-pаrty prоducts оr services оn оur website. These third-pаrty sites hаve sepаrаte аnd independent privаcy pоlicies. We therefоre hаve nо respоnsibility оr liаbility fоr the cоntent аnd аctivities оf these linked sites. Nоnetheless, we seek tо prоtect the integrity оf оur site аnd welcоme аny feedbаck аbоut these sites.
It’s аlsо impоrtаnt tо nоte thаt we dо nоt аllоw third-pаrty behаviоrаl trаcking.
Transfers of data
We use clоud-hоsting service prоviders tо prоvide hоsting tо us which meаns thаt yоur persоnаl infоrmаtiоn mаy be аvаilаble tо fоreign gоvernment оr its аgencies under а lаwful оrder, irrespective оf the sаfeguаrds we hаve put in plаce fоr the prоtectiоn оf yоur persоnаl infоrmаtiоn аs privаcy lаws vаry frоm jurisdictiоn tо jurisdictiоn, the privаcy lаws аpplicаble tо the plаces where yоur infоrmаtiоn is trаnsferred tо оr stоred, used оr prоcessed in, mаy be different frоm the privаcy lаws аpplicаble tо the plаce where yоu аre resident. Hоwever, we will ensure thаt а similаr degree оf prоtectiоn is аffоrded tо yоur persоnаl infоrmаtiоn аs is prоvided fоr under Eurоpeаn Uniоn lаw if yоu аre lоcаted in the EU.
Yоu аgree thаt Markeaze mаy identify yоur cоmpаny nаme аnd/оr lоgо аs а Markeaze custоmer оn client lists, mаrketing mаteriаls аnd/оr press releаses. If yоu wish tо be excluded frоm this prоgrаm, dо sо by emаiling: email@example.com
4. CONTENT AND YOUR CONDUCT
«Content» means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Markeaze, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable. Markeaze does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own legal risk.
You agree that you will NOT use the Service to:
- Sell or promote any goods or services which are dangerous, harmful, illegally obtained or unlawful in any way, which create risk of loss or damage to person or property;
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not or otherwise misrepresent your affiliation with a person or entity;
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of any confidentiality obligation;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements. To be specific, you will not send any unsolicited email messages using the Service, and will only contact email addresses and phone numbers with the prior consent of recipient/s. You are solely responsible for your communications and their legality under all laws and regulations;
- take any action designed to mislead recipients as to the origin of any Content transmitted through the Service («spoofing»);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Except as expressly permitted herein, you agree that no materials published, used or offered by Markeaze as part of the Service or on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Markeaze. The use of any such materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Removal of Content
Backup Your Content
You are responsible for backing up, to your own computer or other device, any Content that you store or access via the Service. Markeaze does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
You acknowledge and agree that Markeaze may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Markeaze, its users or third parties as required or permitted by law.
Copyright Notice Infringement Information — DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact us. Markeaze may, in its sole discretion, suspend and/or terminate accounts of users that are found to be infringing.
Violations of Terms
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms, you may report it here.
These Terms, along with any exhibit or appendix, including any Quote Form, constitutes the entire agreement between you and Markeaze and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software or services. 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. The failure of Markeaze to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action you make arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.