Product = Software Omniconvert, representing a web-based application which allows the conversion optimization, customizing the messages offered to its visitors, depending on various parameters acquired by the application with reference to them, may perform polls and an efficient analysis of the marketing channels.
Owner = Marketizator Friends SRL, having the contact address Ronda, 8Bis, email: [email protected]
Agreement = this License Agreement entered into You and the Owner.
Package = license versions, differentiated depending on the term of license and volume of services included in the respective version, as mentioned here.
This Agreement refers to the use of the Product and to any update or change of the application supplied to you together with the taken over license. By accessing the account, by installing, purchasing or using the Product in any way you acknowledge that you have fully understood and accepted the terms of this Agreement.
This Agreement is a legal agreement entered between You, either an individual or a legal entity, and the Owner for the use of the Owner’s Product as identified above. All these are protected by the international copyright laws and treaties. By installing, copying or otherwise using the Product, you agree to be bound by the terms of this Agreement.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold. The Owner reserves all other rights over the Product. Unless applicable law gives You more rights despite the limitation of the present Agreement, You may use this Product only as expressly permitted in this Agreement. The time of execution of this Agreement is the time when you have confirmed the acceptance of the Agreement by creating an account. Where You send electronically the acceptance of the firm offer to contract made by the Owner, the latter will confirm receiving such acceptance by sending a return receipt by electronic mail at the address indicating by You when you initially accessed the Product.
Term of license
If you are a consumer, you have the right to notify in writing the Owner that you renounce the use, without penalties and without giving any reason, within 10 business days from the Agreement execution.
The Owner grants You the following personal, non-exclusive, limited, non-transferable license, for good and valuable consideration, which cannot be sub-licensed, in order to use for personal purposes the Product for 30 days, in accordance with the selected Package.
You will benefit from certain rights of use of the Product during the license period, which will only become effective on the first day of installation of the Product.
You will benefit from certain rights of use of the Product during the license period, which will only become effective on the first day of installation of the Product, and will remain effective throughout the license, in accordance with the purchased Package.
The Product will be automatically deactivated at the end of the license period. After the deactivation, you will no longer have access to the stored information, prior results and obtained services.
Other Trial Licenses may be granted under the purchased Package, which will be subject as such to the provisions of this Agreement.
By accepting the terms and conditions of this Agreement you agree to take over the Product. For these purposes, you need an email and a password. An account will be created for you on the basis of this information.
The previous installation of a script–code line in the source code of your website is required.
The executed Agreement will be stored by the Owner and will be subsequently available to you at request.
The Owner will not be liable for any scenario, conversion or parameter that You have created, provided or inputted into the database of the Product. Even if the version received by You contains certain predefined scenarios ("templates") and a set of predefined messages, the Owner assumes no liability for the results obtains pursuant to the use of such scenarios or messages.
The Owner has no obligation to censor in any way the information or messages created by You and hosted by the Owner’s. If the Owner believes that the messages created and belonging to You are harmful to the moral and legal rules, the Owner may censor their content and refuse to host such messages.
The Owner may modify the Product without prior notice, may terminate the license or limit the access thereto by You or any other user.
The Owner may permanently or temporarily limit the access to the Product at its convenience, without prior notice and without assuming any liability, if the Owner believes that You have infringed the provisions of this Agreement.
You have available the following technical means in order to identify and correct the errors occurred upon the data inputting: http://help.omniconvert.com
This License is granted to you against the payment of a fee. If you have entered into this Agreement, you understand that you are subject as well to the Price List. that You can access here. The Owner has the right to add new services against the payment of a fee, or additional taxes and rates, or to change the current prices and fees, at any time.
If the Owner elects to suspend or terminate this Agreement, you understand that no sum paid in relation to the period while You used the Product will be refunded.
All the taxes, charges and fees related to Your payments made by debit or credit cards, through a bank account or any other methods will be in charge of You.
The updates and upgrades of the Product will be performed, in accordance with the selected Package, free of charge by the Owner, and You will not have the right to refuse the installation thereof.
Intellectual Property Rights
All right, title and interest in and to the Product, and all copyright in and to the Product (including without limitation any code, images, photos, logos, animations, video, audio content, music, text and algorithm, […] included in the Product), the accompanying printed material and any copies of the Product are the Owner’s property. The Owner and the Product are protected under the copyright laws and the provisions of the international treaties. Therefore, You have to treat the Product the same as any other material protected by the copyright law. You may not sublicense, rent, sell, lease, share the Product license. You may not reverse engineer, reverse compile, disassemble, make derivative works, modify, translate or otherwise attempt to discover the source code of the Product. By entering into this Agreement You agree that the Owner may post the Owner’s logo on your website free of charge, during the license.
Depending on the selected Package the Owner may offer certain technical assistance services during the license in respect of the Product, as follows here
Limitation of Warranty
The Owner does not warrant that the Product is free from any defect of operation.
The Owner does not warrant the uninterrupted, error-free operation of the Product, or the possibility to correct such errors. The Owner cannot warrant that the Product will fully meet Your requirements.
Unless otherwise explicitly agreed in this Agreement, the Owner makes no other warranties, express or implied, referring to the products, improvements, maintenance or support related thereto, or to any other provided materials (tangible or intangible). The Owner assumes no liability, or gives no implied warranties and terms, including without limitation implied warranties of merchantability, warranties for any damages or losses caused by force majeure, discontinuation of works, loss of data, errors or defects of the devices, warranties of fitness for a particular purpose, warranties of title, non-interference, accuracy of data, information content, system integration or non-infringement by filtering of any third party rights, the deactivation or removal of their software. The afore-mentioned provisions will be enforced in accordance with the applicable law.
Damage Liability Waiver
Any person who uses, tests or evaluates the Product assumes the risk related to its quality and performance. The Owner assumes no liability in any case whatsoever for any damages, including without limitation direct or indirect damages caused by the use, performance or delivery of the Product, even if the Owner has been advised of the existence or possibility of such damage.
Certain countries prohibit the limitation or disclaimer of liability for indirect or incidental damages, therefore the foregoing limitations or exclusions may not be applicable to You. In no case will the Owner’s liability exceeds the purchase price paid by You for the Product. The foregoing exclusions and limitations will apply whether or not you agree to use, evaluate or test the Product.
The Owner assumes no liability for the information collected, received or synthesized by the Product or for the results of the Product. This information is Your property, the Owner may only perform operations using such information. You have the obligation to comply with the laws concerning the obtaining, storage or sending such information to the Owner.
Consent for Electronic Communication
The Owner may need to send you legal notices and other communications referring to the services of subscription to the Product and its maintenance, or the use of information that you make available to us (the "Communications"). The Owner will send communications via email. By expressing your consent on the content of this Agreement you accept to receive solely electronic communications.
Data Collection Technologies
The data provided by You (name, e-mail address, password) will, if collected, be used solely for the purposes of performing the subject matter of this Agreement. Your data or of the results obtained by using the Product will be used only on the basis of Your consent. You will be solely liable for the use of the password related to this application. The Owner will not be liable if the identification data given solely to You will be used by third parties not authorized by You. The
Owner performs no other verification of the user who connects to the Product application by inputting the account name and password, and requests modifications, conversions or any other operation.
Integration with other services
Omniconvert does not access, store or use in any way Google Analytics/Kissmetrics,Mixpanel data.
This Agreement will be governed the laws of Romania and by the international copyrights laws and treaties. The Romanian courts will have exclusive jurisdiction and venue in respect of any disputes which might arise out of this License Agreement. If you are a consumer, no clause hereof may diminish your rights under the consumer protection laws or other applicable laws of your jurisdiction, which cannot be canceled by this Agreement.
If any part of this Agreement will be deemed invalid, the validity of the remaining parts hereof will not be affected.
This Agreement comprises certain legal rights. The laws of your state or country may confer you other rights. At the same time, you may have other rights referring to the party from which you purchased the Product. If you are a consumer this Agreement will not modify Your rights and obligations conferred by the laws of your state or country, if the national law does not allow that.
The Product and its symbol are registered trademarks of the Owner. All the other registered trademarks used within the Product or related materials are the property of their legal holders.
The license will be canceled immediately, without notice, if you default any of its terms or conditions. In the event of the license cancellation you will not be entitled to the refund of any amounts paid to the Owner or any of its distributors. The terms and conditions pertaining to confidentiality and restrictions of use will survive the cancellation of the license for any reason.
The Owner may revise these terms at any time, and any revised terms will apply automatically to the corresponding software versions of the Product. This Agreement may be concluded in English. In case of conflicts or inconsistencies between the translations of these terms in other languages, the Romanian version shall prevail.
You may submit any complaints about the Product to Ion Brezoianu no.4, floor 4 or by email at [email protected]