Effective date: 1 January 2020
Please read these wwwproof Terms of Service carefully because they contain important information about your use of wwwproof, your legal rights and obligations, liabilities, and limitations.
If you do not agree with one or more provisions of these Terms, please do not use wwwproof.
1. General information
1.1. These wwwproof Terms of Service (the “Terms”) govern the access and use of the online platform https://wwwproof.com and the related services (collectively, the “Platform”) by an individual user or a business entity (the “User”). The Terms constitute a legally binding agreement between the User and the operator of the Platform, namely, SC DEVLINE SOFTWARE SRL having a business address at Inului Street 2-5, 2nd floor, ap. 8, 400636 Cluj-Napoca, Romania (the “Company”).
1.2. About the Platform. The Platform provides marketing support services by offering marketers a possibility to create and manage proof notifications displayable on marketer’s website (the “Notifications”). The Notifications are to be featured to the visitors of the marketers’ website (the “Visitors”).
1.3. Applicability of the Terms. These Terms apply to User’s access and use of the Platform only. Unless otherwise provided by the applicable law, the Company is not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, the content uploaded and published by the Users or third parties on the Platform, and security and privacy practices deployed by the operators of third-party websites, applications, and services.
1.4. License to use the Platform. The Company grants the User a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use the Platform pursuant to these Terms.
1.5. Minors. The Platform should not be accessed and used by persons under the age of 18.
1.6. Disclaimer. Although the Company regularly monitors the information available on the Platform, the Company does not guarantee the truthfulness, reliability, currency, relevance, and completeness of all information available on the Platform.
1.7. Support. Any requests for customer or technical support should be addressed to the Company by email at firstname.lastname@example.org. The Company will respond to support enquiries without undue delay and no later than 3 business days.
2. The Account
- The User shall comply with these Terms and all applicable laws;
- The User shall provide only true, accurate, complete, and up-to-date information, including personal data;
- The User is a human and not a machine (Accounts that are registered by machines, bots, and other automated methods are not permitted);
- The User shall register no more than one Account;
- The User has the necessary authorisation and permission to create the Account; and
- The User shall be solely responsible for all information and activities that occur under the Account.
2.2. Security of Account. In order to complete the registration of the Account and ensure its security, the User is required to use a strong password. If the User chooses otherwise, the User will not be able to complete the registration of the Account. The User is also solely responsible for (i) maintaining the security of login details, (ii) all activities that occur under the Account, and (iii) any other actions taken in connection with the Account. The User must immediately notify the Company of any unauthorised use of the Account or any other breaches of security. The User is responsible for using secure Internet connection and protected networks when accessing the Platform. The Company cannot and will not be liable for any loss or damage resulting from User’s failure to take precautions, as necessary to protect the User and User’s devices from viruses, malware, worms, Trojan horses, and other harmful or destructive content.
2.3. Authorisation to create the Account. An individual acting on behalf of a business entity (the “Entity”) in accepting these Terms warrants and undertakes that the individual has the requisite power and authority to act on behalf of the Entity and bind the Entity to these Terms. By creating the Account and providing the details of the Entity, the individual confirms that the individual is an authorised employee, contractor, or representative of the Entity and has the necessary rights and authority to act on behalf of the Entity. The Company is not responsible in any manner and bears no liability for User’s activities carried out without such authorisation.
2.4. Deletion of the Account. At any time, the User may delete the Account through the “Delete Account” functionality of the Account or by contacting the Company directly. Upon deletion of the Account, these Terms shall terminate.
2.5. Suspension and termination of the Account. The Company may suspend, disable, or delete any Account (or any part thereof) if the Company has a reason to believe, at its sole discretion, that the User has violated any provision of these Terms or that User’s conduct tends to damage Company’s reputation and goodwill. If the Company deletes the Account for the foregoing reasons, the User may not re-register. The Company may also suspend or terminate the Account upon a lawful request of a public authority.
3. Fees and payments
3.1. The Fees. The Services offered through the Platform are subject to the applicable service fees (the “Fees”) payable by the User on a subscription basis. The schedule of the Fees is available at https://wwwproof.com/#pricing or communicated to the User personally. Unless indicated otherwise, the Fees include applicable sale tax. The Fees are charged automatically on a monthly or annual basis, unless cancelled earlier by the User. By concluding a service contract with the Company for paid subscription plans, the User agrees to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) User’s subscription lasts, (ii) the Fees are indicated on the Platform, or (iii) as communicated by the Company. Any changes to the Fees will be made available to the User and, if necessary, the Company will request the User to provide consent to the amendments of the Fees.
3.2. Payment. The Fees are processed by the third-party payment processor Paddle (https://paddle.com) (“Paddle”). Paddle may collect some personal data from the User, such as User’s name, credit card number, billing address, and PayPal username, which will allow it to make payments requested by the User. Paddle handles all steps in the payment process through its systems, including data collection and data processing, subject to its individual terms and policies. The User is responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. The User agrees not to hold the Company liable for payments that do not reach it because the User has quoted incorrect payment information or Paddle refused the payment for any other reason.
3.3. Free Trial. The Company offers a free-of-charge 14-day trial period (the “Free Trial”). The Free Trial is not subject to the Fees and the Company will not make any charges for the Free Trial. The Free Trial shall commence automatically after the User registers the Account, unless the User chooses a paid subscription plan. The Free Trial can be cancelled at any time before the it expires. Upon expiration of the Free Trial, unless cancelled earlier by the User, the free-of-charge subscription plan shall commence and the User shall be entitled to choose a paid subscription plan, subject to the applicable Fees.
3.4. Technical steps to conclude a service contract. The User that would like to conclude a paid service contract with the Company needs to: (i) visit the Platform; (ii) register the Account by submitting the requested personal data; (iii) choose the applicable subscription plan; and (iv) provide the required payment information. The User will be able to identify and correct any input errors prior to clicking on the “Pay Now” button. After the payment is completed, the Company will send a confirmatory email informing the User about the order. By clicking on the button “Pay Now” and receiving a confirmatory email, the User concludes a service contract in English with the Company on the basis of these Terms. The details of the specific service contract will not be filed by the Company and, therefore, the specific contract will not be available to the User. However, if the User does require any information regarding the order, the User can consult the Account or contact the Company directly.
3.5. Cancelling the Fees. The User is entitled to cancel then-current subscription plans and the Fees related thereto at any time though the Account or by contacting the Company directly. No Fees paid for the respective subscription plan shall be returned to the User. After the cancellation of User’s subscription plan becomes effective, no further Fees shall be charged to the User.
3.6. Refunds. Taking into account that the Free Trial is offered, the Company does not provide refunds for the Fees paid. If the User is not satisfied with the Platform and there is a reason to believe that the quality of the services is impaired due to Company’s fault, the Company may, after carefully assessing the issue and in its sole discretion, issue partial or full refunds to the User. The situations in which the Company may consider issuing refunds include: (i) if the services provided though the Platform are impaired due to technical issues that cannot be solved in a reasonably timely manner; (ii) the Company materially breaches these Terms; or (iii) the Company fails to provide the services as agreed to with the User. In order to terminate the service contract and receive a refund, the User must contact the Company and explain User’s concern in detail. If the User qualifies for a refund, the Company will issue the refund by using the same payment method that the User used to make the payment, unless the User expressly requests otherwise.
4. User-Generated Content
4.1. When using the Platform, the User may submit certain types of content, including personal data, Web links, and testimonials (collectively, the “User-Generated Content”). The User agrees not to submit any User-Generated Content that violates these Terms or any applicable laws.
4.2. The Company does not own any User-Generated Content. The User is responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of all User-Generated Content submitted by the User.
4.3. By submitting the User-Generated Content, the User grants the Company unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the User-Generated Content for the purposes of rendering services through the Platform.
4.4. The Company does not intentionally or regularly review the User-Generated Content and its subsequent editions and revisions, unless the nature of the User-Generated Content requires otherwise. The Company reserves the right, but is under no obligation, to refuse or remove any User-Generated Content that, in its reasonable opinion, violates the Terms, any of other policies, or is in any way harmful or objectionable.
4.5. The Company does not control or have any knowledge of the content of any communication(s) transmitted through the Notifications. Such content is the responsibility of the User and its Visitors. No content violating any provision of these Terms, may be submitted through the Platform and the Notifications.
4.6. The User is solely responsible to creating, keeping and maintaining any backup copies of any User-Generated Content or other information submitted to, through, or in relation to the Platform.
5. Third-party links
5.1. The Platform may contain links to websites and services that are owned, operated and controlled by third parties. Please be aware that the Company is not responsible for any business or security practices employed by such third parties.
5.2. The User is encouraged to be aware when leaving the Platform and assessing carefully each and every website or service that the User accesses.
6. Prohibited use
6.1. When using the Platform, the User is required to follow the guidelines outlined in this section 6. The Company works closely with law enforcement agencies and any inappropriate content will be reported to them.
6.2. The User is not permitted to use the Platform in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Posting of the User-Generated Content that depicts or incites others to commit acts of violence or may result in injuries, physical harm, and emotional distress;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Platform;
- Interfering with or abusing other users of the Platform;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about the Users of the Platform.
6.3. Reporting inappropriate content. If the User has reasonable grounds to think that some of the content available on the Platform is inappropriate, infringes these Terms, applicable laws, or User’s right to privacy, the User can contact the Company by email at email@example.com. If any content or User is reported as inappropriate, the Company will immediately delete such content from the Platform and investigate the conduct of the reported User.
7. Intellectual property
7.1. Most of the content made available on the Platform is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (“Company’s Content”). Company’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Company’s Content is protected by the applicable intellectual property laws and international treaties.
7.2. The User is not allowed, without obtaining prior written authorisation from the Company, to:
- Distribute Company’s Content;
- Copy Company’s Content;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Company’s Content; and
- Rent, loan, use, lease or attempt to grant other rights to Company’s Content to third parties.
7.3. ‘wwwproof’ brand. The User many not use the ‘wwwproof’ brand, the trademarks associated with the Platform or third-party trademarks with prior consent of a trademark owner. The User may not use such brands and trademarks in any way that suggests that the Company sponsors, endorses, or associates with the User without obtaining prior written consent from the Company.
7.4. Third-party intellectual property. The User-Generated Content, some of the trademarks, and other intellectual property featured on the Platform may be owned by third parties. Such third-party intellectual property does not belong to the Company and it remains the sole property of the respective third-party proprietors. The User agrees not to violate such third-party property.
7.5. Transfer of intellectual property. These Terms do not transfer to the User any intellectual property owned the Company or third parties, and all rights, titles, and interests in and to such property will remain solely with the Company or respective third-party proprietors.
7.6. Copyright infringement claims. If the User has any grounds to believe that any content made available through the Platform violates User’s or third party’s intellectual property rights, the User is requested to contact the Company at firstname.lastname@example.org and express concerns. The Company will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending a claim to the Company, please make sure to sign it and include information that would allow the Company to locate the allegedly infringing content.
8. Disclaimer of warranties
8.1. The User agrees that the User’s use of the Platform is solely at User’s own risk. The User further agrees that the Platform is provided on an “as is” and “as available” basis and the Company hereby 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.
8.2. The Company makes no warranty that the Platform will meet User’s requirements or that the Platform will be uninterrupted, timely, secure, or error-free; nor does the Company make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform or that defects in the Platform will be corrected.
9. Limitation of liability
9.1. To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Company has been advised as to the possibility of such damages or could have foreseen such damages.
9.2. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section 9 may not apply to the User.
9.3. By using the Platform, the User acknowledges that the Company may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of Company’s control. To the maximum extent permitted by law, the Company excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
10.1. The Company puts reasonable efforts to ensure that the Platform is always accessible. However, the availability of the Platform may be affected by factors, which the Company cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. The Company takes no responsibility for the unavailability of the Platform caused by such factors. If the User encounters problems while using the Platform, the User should contact the Company immediately.
10.2. The Company reserves the right, in its sole discretion, to change, modify, suspend, or discontinue any aspect of the Platform and any services provided through it at any time, including Platform’s technical features, content, databases, availability, and specifications of the required equipment. The Company may also impose limits on certain features of the Platform or restrict User’s access to parts or all of the Platform without notice or liability.
11.1. The User agrees to indemnify and hold the Company and its affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the User-Generated Content, User’s use of the Platform or any wilful misconduct on User’s part.
12.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
13. Governing law and dispute resolution
13.1. Governing law. The formation, interpretation, and performance of these Terms and any disputes arising out of the Terms shall be governed by the substantive and procedural laws of the Republic of Romania, without regard to its rules on conflicts or choice of law.
13.2. Jurisdiction. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Cluj-Napoca, Romania.
13.3. Dispute resolution. If the User is not satisfied with the services provided the Platform, the User is strongly encouraged to contact the Company first so that the Company could address User’s concerns. Disputes between consumers and traders based in the EU regarding goods or services bought online may be resolved out-of-court at a low cost in a simple and fast way on the web-based Online Dispute Resolution platform developed by the European Commission. The Online Dispute Resolution platform is available in 23 official languages of the European Union at https://webgate.ec.europa.eu/odr.
14.1. The User may not assign, resell, sub-license or otherwise transfer or delegate any of User’s rights or obligations under these Terms, in whole or in part, without Company’s prior written consent, which shall be at Company’s sole discretion and without obligation; any such assignment or transfer shall be null and void.
14.2. The Company reserves the right to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of Company’s assets or stock or as part of a merger.
15. Term and termination
15.1. Term. These Terms enter into force on the date (i) indicated at the top of the Terms or (ii) the User accepts the Terms, whichever is relevant. The Terms remain in force until terminated by the Company or the User stops using the Platform. The Company reserves the right, at its sole discretion, to terminate the Terms and provision of the Platform at any time by informing the User. User’s rights under these Terms will be automatically terminated if the User does not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to the User pursuant to the Terms will terminate and the User shall stop using the Platform.
15.2. Breach of the Terms. If the Company believes, at its sole discretion, that the User violates these Terms and it is appropriate, necessary or desirable to do so, the Company may:
- Send the User a formal warning;
- Temporary suspend the Account;
- Delete the Account;
- Temporarily or permanently prohibit User’s access to the Platform;
- Report the User to law enforcement authorities; or
- Commence a legal action against the User.
15.3. Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or the Company sells all or substantially all of its assets, these Terms shall not automatically be terminated and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
16. Changes and amendments
16.1. The Company reserves the right to modify these Terms, Platform’s policies, any services provided through the Platform, and its business practices (including marketing policies) at any time, effective upon posting of an updated version of these Terms on the Platform and sending the User a notification (if User’s email address is know).
16.2. User’s continued use of the Platform after any such changes shall substitute User’s consent to such changes. If the User does not agree with one or more provisions of the updated Terms, the User is requested to stop using the Platform.
17. Contact information
Any questions, suggestions, or concerns about these Terms and the Platform should be addressed to the Company by using the following contact information:
Postal address for communication: SC DEVLINE SOFTWARE SRL, Inului Street 2-5, 2nd floor, ap. 8, 400636 Cluj-Napoca, Romania
Phone number: +40 756 750 960
Company registration number: J12/3252/2015