Terms of Use

Esponce (“Esponce” or the “Service”) is a Mobile marketing platform that allows you to create Mobile web and proximity campaigns and trackable QR codes.

The following document outlines the terms of use of the Esponce services and website accessed via the esponce.com domain; all email newsletters published or distributed by Esponce; API published by Esponce; all Mobile app apps published by Esponce; and all other services, and communications provided by Esponce, made available by Esponce, or produced and maintained by Esponce. These terms and conditions (“Terms”) govern the access to and use of the website and services belonging to Esponce d.o.o. (“Esponce”) or any other information, text, graphics, or other materials uploaded, downloaded or appearing on the website and services (both defined below) made available to users (“You” or “User/s”) through the http://www.esponce.com (“Website”). Please review also our Privacy Policy which outlines our handling and use of personal information that you may provide us.

Acceptance of Terms of Use

The Sites are provided by Esponce, and are accessible to you under the terms described below as well as in any supplemental subscription agreement (“Subscription Agreement”) for premium services. Together these two documents constitute the full Terms of Use.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING WEBSITE OR USING ANY SERVICES MADE AVAILABLE THROUGH OUR SITES YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS LEGAL AGREEMENT. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE ESPONCE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE.

We reserve the right to modify or amend these terms of use from time to time in accordance with the process described in the “Change to these terms” section below. Your continued use of the website and/or Services after any such modifications have been made, will mean you accept those changes. You agree to use Esponce at your own risk.

Website content

Esponce and its suppliers own all rights, title and interest, including without limitation, all intellectual and industrial property rights in the Product and the Service including artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. Access to and use of the Service does not imply any transfer of all or part of Esponces’ Intellectual and Industrial Property rights in the Product and/or Service, which are hereby expressly reserved and retained by Esponce.

Without limiting the generality of the foregoing, You agree not to:

  1. use the trademarks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by Esponce and which are associated with the Product and/or Service without the express written consent of Esponce;
  2. register, attempt to register any trade mark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with Esponce; or
  3. remove, use, copy, adapt, modify, reproduce, prepare derivative works based upon, decompile, dissemble, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any aspect of the Service or the Esponce Site, except as expressly permitted in these Terms.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“content”) whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. Users certify that they own all intellectual and industrial property rights in these materials.

By accepting these Terms, You hereby grant Esponce, a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, publicly communicate and distribute any content publically posted by you for the purposes of (i) displaying it on our Sites, and (ii) distributing it, either electronically or via other media (now known or later developed), to third party websites and other Users.

Creating User Account

In order to access and use the website and Services, you will need to open an account (“Account”) with Esponce. By creating your account, you are stating that you agree to be bound by the terms of Account and these Terms. If you are acting on behalf of a company or entity, you also represent that you have the authority to accept these Terms on its behalf and to bind such entity to these Terms.

When creating an account, you will be required to provide certain personal information about yourself (and for any authorized users) and establish a Login ID and password (for you and your authorized users) (“Account Information”). You are responsible for maintaining the confidentiality of your password, which, together with your Login ID email address allows you to access the Service. Also, you are responsible for the activities or actions that occur under your account (including by any of your authorized users), whether or not you have authorized such activities or actions.

All required notices will be sent electronically, to the e-mail address provided by you during setup of your account. These communications are considered to be part of the Service and your account, which you may not be able to opt-out from receiving. Your Account information must be accurate and complete at all times. Failure to do so constitutes a breach of these Terms and may result in termination of your Esponce account.

Furthermore, you must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade Service on the name or reputation of others. Esponce may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Esponce liability.

You are responsible for the accuracy, quality, integrity and legality of your Account Information and of the means by which you (or your authorized users) acquired your Account Information. Esponce will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality and integrity of your Account Information, in accordance with applicable industry standards.

Account Information & Access Data

Esponce may access Account Information as necessary to identify or resolve technical problems or respond to complaints about the Service. Notwithstanding any other provision, Esponce may access, read and disclose Account Information if Esponce determines that such action is reasonably necessary:

  1. to comply with the law, regulatory requirements, or legal or regulatory process;
  2. to enforce these Terms; or
  3. to respond to claims that you are using the Service to perform or support activities that violate the law or the rights of third parties. Unless prohibited by law or legal process, Esponce will use its commercially reasonable efforts to not disclose your Account Information without giving you prior notice of the request for such disclosure and a reasonable period of time to respond to such request. Esponce reserves the right to terminate any account or login credential if user do not respond in time.

Esponce may collect anonymous usage data with respect to the use of the Service to measure and analyze response rates and performance metrics of the Service. Esponce will use this usage data for internal business purposes only, including improving, testing and providing the Service and additional services and may only disclose such usage data in aggregate form (e.g., data aggregated from all customers’ use of the Service, but without specifically identifying you or any other customer). Esponce encourages users to promote and publicly present materials, campaigns and applicable data on Website via Case studies or via other forms on our website.

Free Trial

Esponce offers free trial as a way for you to conduct an evaluation of the Service and its suitability. Trial accounts are not required to provide any payment information. Trial period may be extended upon request or terminated by us for any reason at any time. This offer is limited to one (1) trial per Subscriber unless otherwise agreed. After the trial period, if the user does not upgrade to selected Esponce plan, your access to your Account will be temporary suspend or terminated.

Single User Subscription

Durring and after free Trial ends, the Subscriber will have the opportunity to continue using the Service at the costs advertised on the Site. An upgrade at any time from the free trial to any paid plan subscription will end your free trial. You will be charged immediately upon upgrading. You can pay with a valid credit card or choose other payment methods available at checkout.

If you are using Services as part of a free trial period, any data or information you enter into the Service, and any customizations made to the Service by or for you, during your trial period may be temporarily inaccessible after trial period ends unless you continue with plan subscription.

Changing plan volume

You can upgrade or downgrade volume of the plan at any time. You will be charged the new rate on your next billing cycle. On upgrading/downgrading, we will charge the corresponding plan price pro rata the time of use.

DOWNGRADING YOUR ESPONCE PLAN MAY CAUSE THE LOSS OF CONTENT OR CAPACITY OF YOUR ACCOUNT. ESPONCE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Fees, Refunds & Cancellations

1. Monthly subscriptions automatically renew on or near the same day of each month unless disabled by the Subscriber.
2. Annual subscriptions automatically renew on or near the same day of each year unless disabled by the Subscriber.

When you purchase Services on a subscription basis (monthly or yearly), you acknowledge and agree that this is a recurring payment and payments shall be made to Esponce by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Services is terminated by you or by Esponce. Cancelling automatic renewal means that you will not be automatically re-billed when your current monthly or yearly subscription ends.
The account owner of paid subscription plan will receive an email receipt upon successfully Subscription purchase. Esponce uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Esponce.

3. Esponce may increase subscription fees for subsequent periods at any time and for any reason.

4. All subscriptions are non-refundable. There will be no refunds for partial use of service (month or year) for paid subscription period. However, exceptions for extenuating circumstances will be considered (send mail to Customer Support support@esponce.com).

5. Disabling auto renewal will cause us to stop automatically charging your credit card at the end of each subscription term. You will still be able to use your subscription until the end of the current subscription term. Disabling auto renewal does not refund your money, as subscriptions are non-refundable.
5.1) If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription. No refund of all or any portion of your subscription fee will be given.
5.2) Esponce may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information.
5.3) Access to the Site under these Terms is granted only upon payment of the subscription fees.

6. All fees are exclusive of all taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties, including VAT and/or equivalent sales tax. If Esponce has the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you unless you provide Esponce with a valid tax exemption certificate authorized by the appropriate taxing authority. You must fill out your correct country and province/state so that Esponce can understand its obligations to applicable taxation authorities. Prices of any Service may change upon thirty (30) days' notice to you. Such notice may be provided by contacting you using the contact information you have provided to us. Any use of the service after 15 days’ of notification indicates acceptance of the new price.

7. If we determine, in our sole discretion, that the payment method(s) registered on your account is no longer valid (such as the passing of an expiration date associated with a credit card or a failed payment transaction against that card, for any reason), we may suspend or restrict the Service until you provide a valid payment method. It is User responsibility to keep contact and payment information complete and accurate.

Support

Esponce provides technical support for the Service assistance via support tickets submitted online at any time during its regular business hours (with reasonable efforts by Esponce to respond within one business day if possible). Additional support options may be available for purchase as a Premium Service. All account support will be provided in accordance with Esponce standard account practices, procedures and policies.

Disclaimers of Warranties

The Services are a work in progress and Esponce reserves the right to modify, suspend, or discontinue the Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms.

Esponce may also make improvements and/or changes in the Website, Services or Product at any time. Your access to and use of the Service is at your sole risk. Esponce is not responsible for the actions of your authorized users or for any loss of data that results through your (or your authorized users) use of the Services. The Service is provided “as is” and on an “as available” basis. Esponce disclaims any warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Esponce makes no warranties regarding:

  1. your ability to use the Services
  2. your satisfaction with the Services
  3. that the Services will be available at all times, uninterrupted, and error-free
  4. the accuracy, performance and results performed by the Services, and
  5. that any errors in the Service will be corrected.

We use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However your access to the service may be interrupted from time to time for any of several reasons including:

  1. planned downtime (for which we will give at least 24 hours' notice via the Service); or
  2. any unavailability caused by circumstances beyond our reasonable control, including without limitation, equipment failures, periodic updating, or Internet service provider failures or delays.

You represent and warrant that:

  1. your use of the Website will be in strict accordance with Term of use, Privacy Policy and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside), and
  2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Limitation of Liability

To the extent permitted by applicable law, Esponce will not be responsible or liable for any direct or consequential loss (including negligence) or otherwise for any indirect, special, incidental, consequential or exemplary damages, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to:

  1. the use or the inability to access to or use the service
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
  3. unauthorized access to or alteration of your transmissions or data
  4. statements or conduct of any third party on the service or
  5. any other matter relating to the service. Your sole remedy for dissatisfaction with the Service is to cease using the Service.

In any event, should any liability be found, Esponce's maximum liability will be limited to the amounts received by Esponce from you in the preceding 12 months.

Third-party sites

The Service and Website may contain links to third-party sites or resources. Esponce provides these links as a convenience and for informational purposes only and does not endorse the companies or contents of any third-party site. Esponce is not responsible for the content of such sites or resources. If you decide to access any of the third-party web sites linked to the Service, you do this entirely at your own responsibility.

Termination

You may terminate your account at any time and for any reason by deleting your account or letting your active subscription to expire. Upon any termination by you, the Services and/or your Account (whichever is applicable) will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such request. Termination is effective at the expiry of the last day of the current subscription. Any payment obligations or unpaid balances as of the expiration or termination of the Service will remain in effect.

Esponce may at any time suspend, disable or terminate your access to or use of the Service

  1. if you violate, fail to comply with, or breach any provision of these Terms (or have acted in a manner which shows that you intend to do so)
  2. if Esponce in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. immediately upon notice, to the e-mail address provided by you as part of your Account Information.

Upon any termination or suspension, Esponce will have no obligation to maintain any Account Information, data or any related information that was stored in our database related to your use of the Service or to forward any information to you (or to any third party). Any suspension or termination will not affect your obligations to Esponce under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Change to these Terms

Esponce may modify these Terms from time to time. New features that may be added to the Website and Services shall be subject to these Terms. Any changes to these Terms will be posted on the Esponce Site and/or through the Service. By continuing to access or use the Service after any such modifications have been made, you agree to be bound by the revised Terms.

If a Court of competent jurisdiction finds any term or condition in these Terms to be invalid or unenforceable all other terms and conditions will remain unaffected and in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Indemnification

You agree to indemnify Esponce, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your violations of any of these Terms or of any applicable laws, rules or regulations in connection with your use of the Website, Product and/or Services.

Miscellaneous

These terms, our privacy policy (and our registration terms applicable for subscription to the Service) are the entire and exclusive agreement between you and Esponce regarding the Services and supersede and replace any prior agreement between you and Esponce regarding the Services.

Contact

If you have any questions about these Terms, you can contact us at support@esponce.com. Thanks for taking the time to learn about Esponces' Services.

Date last revised: June 10, 2016.

Copyright © 2017 Esponce. All rights reserved.