Your Profile Information and Account<\/strong><\/h2>\r\n\r\n\r\n\r\nIn order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Retyp for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Retyp immediately.<\/p>\r\n\r\n\r\n\r\n
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Retyp immediately.<\/p>\r\n\r\n\r\n\r\n
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.<\/p>\r\n\r\n\r\n\r\n
Fees<\/strong> You shall pay all fees specified in any subscription to Services or use of the Site (\u201cSubscription\u201d). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the TrustPulse Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site. At our discretion, we may offer free or discounted pricing for use of the Services (a \u201cTrial Program\u201d). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.<\/p>\r\n\r\n\r\n\r\nSubmission of Content<\/strong><\/p>\r\n\r\n\r\n\r\nThe Site and the Services available thereon enable you to provide, upload or import content, including but not limited to text, images, video, data, web pages and other information or content (collectively, “Content”), to Retyp for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.<\/p>\r\n\r\n\r\n\r\n
Your Content is your content. This means that all Content that belongs to you will continue to belong to you. In addition, any optins you create using our Services may be used by you for any lawful purpose, personal or business during your subscription term, provided however that you may not resell or license any template or other Retyp materials or content or otherwise violate any terms of this Agreement.<\/p>\r\n\r\n\r\n\r\n
Note that if you cancel your subscription, Retyp will discontinue providing hosting and any integration and back-end services for your optins. This means that you will no longer be able to use your account to access the optins you have created using our services.<\/p>\r\n\r\n\r\n\r\n
Retyp will use Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, importing or otherwise providing any Content on or through the Site and\/or the Services, you grant, and have all necessary rights and permissions to grant, to Retyp a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.<\/p>\r\n\r\n\r\n\r\n
You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Retyp or Retyp’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.<\/p>\r\n\r\n\r\n\r\n
Retyp retains the right to use or distribute any Aggregated Data generated by our customers or users. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information.<\/p>\r\n\r\n\r\n\r\n
Intellectual Property Rights<\/strong><\/p>\r\n\r\n\r\n\r\nAll right, title, interest and ownership and intellectual property rights in and to the Site, Retyp trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Retyp or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to Retyp. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.<\/p>\r\n\r\n\r\n\r\n
Subject to the terms and conditions of this Agreement, Retyp grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.<\/p>\r\n\r\n\r\n\r\n
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Retyp related to the Services, the Site or Retyp or its business (“Feedback”) shall become Retyp’s property without any compensation or other consideration payable to you by Retyp, and you do so of your own free will and volition. Retyp may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Retyp may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Retyp in any Feedback and, as applicable, waive any moral rights.<\/p>\r\n\r\n\r\n\r\n
Retyp owns any test results, data information and other output generated by your use of the Site and\/or the Services during the term of this Agreement.<\/p>\r\n\r\n\r\n\r\n
The following are registered trademarks, trademarks or service marks of Retyp, LLC or its Affiliates: TrustPulse\u2122, Exit-Intent\u00ae, MonsterLinks\u2122, and MonsterEffects\u2122. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Retyp, LLC 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 Retyp, LLC or its Affiliates.<\/p>\r\n\r\n\r\n\r\n
Confidential Information<\/strong><\/p>\r\n\r\n\r\n\r\nYou agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Retyp during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.<\/p>\r\n\r\n\r\n\r\n
Acceptable Use and Conduct<\/strong><\/p>\r\n\r\n\r\n\r\nYou agree that that you will not publish or make available any Content that, or use the Site in a manner that:<\/p>\r\n\r\n\r\n\r\n
\r\n- infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;<\/li>\r\n
- contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;<\/li>\r\n
- except where expressly permitted, engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines;<\/li>\r\n
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;<\/li>\r\n
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;<\/li>\r\n
- is harmful to minors in any way;<\/li>\r\n
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Retyp;<\/li>\r\n
- impersonates a Retyp employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;<\/li>\r\n
- interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of Retyp;<\/li>\r\n
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;<\/li>\r\n
- facilitates the unlawful distribution of copyrighted Content;<\/li>\r\n
- licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;<\/li>\r\n
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;<\/li>\r\n
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;<\/li>\r\n
- stalks or otherwise harasses anyone on the Site or with information obtained from the Site;<\/li>\r\n
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;<\/li>\r\n
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;<\/li>\r\n
- attempts to gain unauthorized access to the computer systems of Retyp or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;<\/li>\r\n
- posts adult or pornographic Content;<\/li>\r\n
- decompiles or reverse engineers or attempt to access the source code of the software underlying the Site, the Services or any other Retyp technology;<\/li>\r\n
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;<\/li>\r\n
- accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;<\/li>\r\n
- accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or<\/li>\r\n
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.<\/li>\r\n<\/ul>\r\n\r\n\r\n\r\n
Fair Usage Limits<\/strong><\/h2>\r\n\r\n\r\n\r\nA session is defined as a unique browser or device viewing your site. Typically, this will reflect the “unique visitors” metric in your analytics software.<\/p>\r\n\r\n\r\n\r\n
Usage in excess of plan session limits will be subject to a subscription plan upgrade to a plan which meets your usage needs. Retyp retains the right to modify the foregoing usage limits and\/or to create new limits at Retyp’s sole discretion. Retyp’s failure to enforce at any time any of the foregoing usage limits shall not constitute a waiver of any such limit or of any other provision in this Agreement.<\/p>\r\n\r\n\r\n\r\n