Last updated: June 16st, 2017
Thank you for using Algotech.rs
1. We may amend the Terms at any time as the result of a regulatory change or for any commercially reasonable reason. Our future performance of our obligations under the Terms is sufficient consideration for any amendment. Any amendment will become effective upon notice to the User, either by email or by posting it on the Website. If you do not agree to any amendments you must stop your use of the Website and terminate your Account. Any terms provided to you in any other form are null and void.
In order to create an Account, you must
a. Be at least eighteen (18) years old
b. Be able to enter into legally binding contracts under applicable law
c. Complete the registration process provided via the Website.
d. Provide true, complete, and current contact information
e. Agree to these Terms
By using the Products, Website, Algotech software, any service provided to Users by Algotech, or any part thereof (collectively, the “Algotech Services”) you represent and warrant that you meet all of the requirements listed above and that you will not use Algotech to violate or circumvent any law or regulation. Algotech reserves the right to refuse service, close your Account, and change these requirements at any time.
3. Additional Users
Users may purchase the ability to add additional users that have access to the Account (the “Additional Users”). Additional Users may have restricted permission to access some applications or tools, as determined by the User, which acts as the administrator for the Account.
The term of these Terms and the Agreements begins when you create a Algotech account through Our Website (the “Account”), and continues so long as you use any portion of the Algotech Services or have a paid subscription (a “Subscription”).
3. Closure of your Account and Cancelations
You or Algotech may terminate these Terms at any time and for any reason by giving notice to the other party. Algotech may suspend or terminate your access to the Account at any time, with or without cause. Suspension or termination of access to an Account will also disable the functionality of all products and services, including, but not limited to, any active links, emails, fax, SMS, voice, or hosted web page content. In the case of links and web page content, Algotech reserves the right to post a generic message indicating that the Account is currently inactive to any internet user that attempts to access such content.
1. Acceptable forms of notice to Algotech.
To ensure that closure of your Account is processed correctly, you must provide notice to Algotech via any interface we have provided in the subscription management tools in your Account. Alternatively, notice delivered to email@example.com will be considered effective upon Our receipt of your email containing at a minimum, your name, contact information (including valid phone number), and the ID of the Account being canceled. Algotech shall have no liability to you for fees paid on Accounts that were not properly canceled in accordance with these Terms.
2. Termination for violation of this Agreement.
If Algotech chooses to terminate the Terms or the Agreements as a result of an action that We believe is a breach of these Terms or any part of any Agreement, we shall have no liability to you to provide any access to the Account, data from the Account, or a refund for any outstanding monetary balance associated with your Account.
4. Account and Password Access Information
You are solely responsible to keep your Account login and password information confidential, this includes the usernames and passwords of any Additional Users. You shall be solely liable for any activity that occurs under your Account via the primary login information or via any Additional User login information.
1. We will accept the instructions of any individual who claims to be authorized to direct changes to your Account so long as they are logged into the Account as a user with administrative permissions and perform those changes via the web interfaces OR if we are contacted via email or phone and provided with identifying information, as determined by Us in Our sole discretion, that adequately demonstrates they are a member of the organization listed in the Account or message contents, and indicates they have sufficient authorization to perform such a change.
2. In the case of a dispute of Account ownership, the person with access to the primary email address on the Account will be considered the account holder. All disputes should be resolved externally
In all cases you agree to notify Us immediately of any unauthorized use of your Account or any other breach of security.
5. Use of Contacts
Some applications track the number of contacts used in their application processes. Algotech, in its sole discretion, makes the determination of how many contacts have been used by a given application. Contact limits are present on a per application level.
1. A contact is an object added to the contact manager system, and identified by an internally granted Algotech contact “ID”. No other factor determines the uniqueness of a contact.
2. An application will identify a contact as used as soon as it has processed its ID.
3. Contact use resets at each billing period.
6. Use of contacts in Email
The email application offers contact based plans, where unlimited email messages may be sent to a limited number of contacts. The following additional terms apply to these plans.
1. Algotech reserves the right to limit the use of the application if an Account is sending, in Algotech’s sole determination, higher than normal volumes of messages. In this event we may, at our discretion:
1. limit the number of messages your Account can send;
2. require you to modify your Subscription to better accommodate your usage; or
3. terminate your Account.
7. Use of the Website or the Products
1. Who May use and No Resale
The Website and the Products shall be used for your personal or internal business (which includes civic or charitable) purposes only, in compliance with these Terms and the Agreements (including, without limitation) and you shall not use the Algotech Services for timesharing or service-bureau purposes or otherwise for the benefit of a third party. Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute any portion of the Algotech Products, including any documentation provided in connection with the Website, the Products or Algotech software, or any content, including but not limited to newsletters distributed to you by Us in connection with the Products or use of the Algotech Services.
2. Compliance with Laws.
The Algotech Services shall only be used for lawful purposes and you shall use the Algotech Services only in compliance with the Terms and the Agreements, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to (a) Canada’s anti-spam legislation and any other policies, laws, or regulations related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws, (b) laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services, (c) laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards, (d) laws that govern lotteries, sweepstakes, contests and promotions, and (e) laws that govern the collection of donations and charitable giving (collectively, “Applicable Laws”).
3. Restrictions on Use
We prohibit the use of the Algotech Services for any purpose listed in our Anti-Spam & Restricted Content policy, and for any use prohibited by Applicable Laws.
8. You further agree to comply with the following in connection with your use of the Algotech Services:
1. You may not access or use the Algotech Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Website or the Products that is not authorized by Us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Website or the Products).
2. You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which do the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Algotech Services for any unauthorized purpose.
3. You may not use the Algotech Services in a way that, to be determined in Our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Algotech Services, including Algotech’s servers, computer network, or User Accounts.
4. You may not use the Algotech Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Website or the Products.
5. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use any content of the Algotech Services for public or commercial purposes without Our express written permission.
6. You shall not interfere with or disrupt the Website or any related Algotech websites or servers or networks connected to the Algotech Services.
7. You shall not restrict or inhibit any other User from enjoying and using the Algotech Services.
8. You shall not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to Users, and generally agree not to use the Algotech Services for illegal purposes.
9. You shall not transmit files that contain viruses, corrupted files, or any other similar software, programs or malicious code that may damage or adversely affect the Algotech Services, Our software, hardware, telecommunications equipment, or the operation of another person’s computer.
10. You shall not use the Algotech Services in violation of the Applicable Laws or third party rights (including third party terms of service), and shall not use the Algotech Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of any person or entity, including but not limited to Users.
11. You shall not set up multiple Accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise, as determined by Algotech in its sole discretion.
12. You may only use Our templates, any images We provide, or any other features or functionality of the Products with the Products themselves (for example, you may not take an image or template and use it on your website). This restriction also applies to customized templates prepared by Our professional services group.
13. You shall not use documents and images hosted by Us on servers controlled by Us for any purpose whatsoever other than in connection with the Products. If you own the document or image, you can use it outside of the Products so long as it is not hosted by Us.
14. You shall not include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Algotech Services that encourage a recipient to forward the message to another recipient, other than as expressly encouraged and permitted within the applicable Product.
9. Content and Contact Ownership, Copyright & Trademark
1. Content: We do not claim ownership of content you submit or make available for inclusion on the Website (“Your Content”). Algotech accepts no responsibility for any content (any information, including audio, video, text, email, or any material) that you upload, post, email, transmit or otherwise make available via the Website or any portion of the Algotech Services. You are wholly responsible for any content associated or transmitted with your Account, including but not limited to Your Content. We reserve the right to remove any and all content, including Your Content, that may violate these Terms, the Agreements, and the Applicable Laws, including but not limited to applicable copyright laws. We respect the intellectual property of others, and We ask Our Users to do the same. Algotech is a registered trademark. Any reproduction of the ALGOTECH.RS trademark and/or the ALGOTECH.RS trademark and design, without the explicit permission of Algotech, is strictly prohibited.
2. Feedback: All feedback, comments, and suggestions for improving the Algotech Services (the “Feedback”) that you provide to Us, and any contributions you make to the Website by posting content and communicating with other Users via post or forms that may be available on the Website from time to time (“User Posts”), will be Our exclusive property. You hereby irrevocably transfer and assign to Us and agree to irrevocably assign and transfer to Us all of your right, title and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual property rights therein, and hereby waive all moral rights and all similar rights in respect of the same. At Our request, you will execute documents and take such further acts as We may request to assist Us in acquiring, perfecting and maintaining Our intellectual property rights and other legal protections for your Feedback and User Posts.
4. Your Contacts and Content.
We acknowledge your ownership rights in any information that you provide to Us in connection with your use of the Algotech Services, such as contact lists (including email addresses and phone numbers of your subscribers) and content (including business content) (the “Customer Information”). We will never sell or rent your Customer Information to anyone without your permission, and will never use your Customer Information for any purpose other than providing Our products and services or as described herein. In the event we amend or revise the policy described in the immediately preceding sentence, we will provide advance notice of such amendment or revision.
5. You hereby grant to Us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display the Customer Information only as required by Us to offer and operate the Algotech Services.You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information, and you are responsible for maintaining, securing and storing all Customer Information in accordance with Applicable Laws and any contractual obligations you may have (including these Terms and/or the Agreements). You represent and warrant that you own or have secured all rights and interest in and to the Customer Information required for Us to use the Customer Information as contemplated by these Terms. To the extent you use images or templates provided by Us, We hereby grant you a revocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, perform and display the images solely in connection with your use of the Algotech Products.
To the extent permitted by Applicable Laws, we may make and preserve copies of all Customer Information as necessary to provide the Algotech Products and for internal back-up and other legal or regulatory purposes.
7. Monitoring and Removal of Messages and Content
Although we have no obligation to monitor the content provided by you or your use of the Algotech Services, we may do so and may block any messages or campaigns, remove any content, or prohibit any use of the Website or the Products that we believe may be in violation of the foregoing or any other provision of these Terms or the Agreements. You further understand and agree that We and any applicable third party who supports, posts, publishes, or distributes your promotions, or business content also has the right to reformat, edit, monitor, reject, block or remove any of your promotions, or business content at any time. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
8. Inclusion of the Algotech logo.
By using the Algotech Services you authorize Us to insert images, hyperlinks, and text that reference our brand and any trademark owned by Algotech into your messaging and hosted pages. You understand that you must purchase a specified level of subscription to have these removed.
10. Limitations on Use
You understand that not all messages or campaigns sent through use of the Algotech Services will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the Algotech Services may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
11. Support and Assistance
If you submit any suggestions, business information, ideas, concepts or inventions or content to Us through the Website or otherwise (“Submissions”), you agree such Submissions are non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted Us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.
13. Initial restrictions on account usage
To help prevent abuse of the Website and any portion of the Algotech Services, we may initially restrict a User’s ability to immediately use a purchase. Once we are satisfied that a User is compliant with these Terms, these restrictions may be lifted.
1. Full force and Effect
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
2. Entire Agreement
We and you agree that these Terms and the Agreements are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms or existing at law or equity shall be considered a waiver of such right or remedy.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
4. Further Assurances.
You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of these Terms.
5. Third Party Beneficiaries.
Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
The titles of the paragraphs of these Terms are for convenience only and have no legal or contractual effect.
7. No Rights in Software
These Terms govern use of the Algotech Services, including access to the Website, and, except as expressly set forth herein, you are not granted a license to any Algotech software by these Terms and nothing on the Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Algotech Services or any software, documentation, or data related to the Algotech Services; remove any proprietary notices or labels from the Algotech Services; modify, translate, or create derivative works based on the Algotech Services or any software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Algotech Services. If you are using the Algotech Services in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Algotech Services, then you hereby covenant that, prior to engaging in such activities, you will first request that We perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge Our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Algotech Services in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Algotech Services for the purpose for which Applicable Laws permits you to engage in such activities despite a contractual prohibition on such activities.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE ALGOTECH SERVICES IS AT YOUR SOLE RISK. THE ALGOTECH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALGOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) ALGOTECH MAKES NO WARRANTY THAT (i) THE ALGOTECH SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE ALGOTECH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ALGOTECH SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ALGOTECH SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR ANY PART OF THE ALGOTECH SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALGOTECH SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALGOTECH OR THROUGH OR FROM THE ALGOTECH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US; OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.TO THE EXTENT THE APPLICABLE LAWS PERMIT, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO: (a) ANY CONTENT POSTED BY YOU THROUGH THE ALGOTECH SERVICES OR IN ANY MATERIALS YOU SEND USING THE ALGOTECH SERVICES; (b) FROM ANY CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS; AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES.EXCEPT WITH RESPECT TO FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF ALGOTECH , OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL ALGOTECH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,MEMBERS OF OUR NETWORK, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “ALGOTECH ”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, EVEN IF FORESEEABLE OR IF ALGOTECH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, OTHER THAN WHERE CAUSED BY ALGOTECH’S MATERIAL BREACH OF THESE TERMS OR THE AGREEMENT, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF ALGOTECH TO YOU ARISING IN CONNECTION WITH THESE TERMS AND THE AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE ALGOTECH SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY ALGOTECH TO YOU IN THAT 12 MONTH PERIOD.