These Terms of Service, as amended from time to time, (these "Terms") constitute a legally binding agreement between Untitled88, Inc. and its affiliated companies and subsidiaries worldwide (the "us", "our", "we", "Company") and the user accepting these Terms (the "Customer"). These Terms govern the manner in which the Customer and its Users (as defined below) may use and access the Company's AI-powered email design platform available via the Company's website at https://untitled88.com/ and any other services that made available through the Platform (the "Platform" and "Website" respectively), which is provided on a Software-as-a-Service subscription based model.
Use of the Platform by the Customer constitutes acceptance of these Terms. If a User accepts the Terms on behalf of another entity, it must have the authority to accept these Terms on its behalf.
The Website or Customer's use of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Website or may be viewed via the Platform, including, without limitation, Company's Pricing page setting its different subscription plans at https://untitled88.com/pricing, our Privacy Policy available at https://untitled88.com/privacy-policy ("Privacy Policy"), our Responsible Use Policy ("RUP") available at https://untitled88.com/responsible-use-policy and Copyright Policy available at https://untitled88.com/copyright-policy, as the Company may amend from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.
Subject to Customer's compliance with the terms and conditions contained in these Terms, Company, during the relevant Subscription Term (as defined below), hereby grants Customer and, if applicable, its Users, a limited, non-exclusive, non-transferable right to access and use the Platform in accordance with the applicable documentation and user guides ("Company Documents") and in each case solely for Customer's internal business use and not to provide the services to any other person or entity.
The Company may change or update the Platform and Website (and any services provided therein) at any time, including, without limitation, the availability of any feature, content or database, and may impose limitations or restrictions on certain features and services or discontinue any or all parts of the Platform or Website with or without notice.
Customer's use of the Platform may be subject to usage limits, including a maximum number of Users (as defined below) and maximum number of messages and integration credits, depending on Customer's selected Subscription plan on the Pricing page or Order Form. Company may change such limitations from time to time by notification or an update to the Pricing page. Exceeding the limitations may incur excess charges which will be added to Customer's Fees, provided that Customer may also elect to pre-purchase additional credits from the Company at the rates determined by Company from time to time.
In order to use the Platform, Customer must register and create an account (an "Account"), for each user authorized and designated by the Customer as a user of the Platform under Customer's account (each, a "User"). Users must be at least thirteen (13) years old, or sixteen (16) years old if you are an individual within the European Union (EU), or the minimum age required in Customer's jurisdiction to use or consent to use the Platform. Customer is responsible for providing the Company with accurate, complete, and updated registration information for each User.
Customer acknowledges and agrees that the use of the Website and Platform by the Customer and its Users is governed by the Company's Privacy Policy as amended from time to time. If Company processes personal data (as defined under applicable law), to the extent required by law or agreed upon between Customer and the Company, the parties will enter into a Data Processing Agreement (DPA) regarding such personal data.
If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to our agent for notice of claims of infringement:
Email: hagai@untitled88.com
In consideration of the Subscription, Customer's rights and Company's obligations hereunder, Customer shall pay the Company the applicable fees based on the selected plan (the "Fees"). Unless expressly indicated otherwise, Fees are stated in US dollars. Customer hereby authorizes the Company, either directly or through the Company's payment processing services or applicable reseller or marketplace, to charge the Fees via Customer's selected payment method, for each renewal term. The Fees are non-cancelable and non-refundable.
Subject to any express provisions to the contrary in the Order Form, Customer's Subscription shall automatically renew, and Customer's payment method will be charged for such renewal, by default without prior notice of the renewal to Customer (unless such notice is required by mandatory local law), unless canceled by either the Company or the Customer at least 30 days prior to its expiration.
THE COMPANY DOES NOT WARRANT, UNDERTAKE OR GUARANTEE THAT THE PLATFORM WILL SATISFY CUSTOMER'S NEEDS OR WILL BE OPTIMAL UNDER THE CIRCUMSTANCES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, WEBSITE, COMPANY DOCUMENTS, ANY GUIDES PROVIDED ON THE COMPANY WEBSITE AND ANY GENERATED OUTPUT ARE SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" AND 'WITH ALL FAULTS' BASIS, AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) ERROR OR INTERRUPTION OF USE, LOSS, INACCURACY, CORRUPTION OR DAMAGE TO DATA, GOODWILL, PROFITS, REVENUE, BUSINESS, SAVINGS, OR PURE ECONOMIC LOSS.
These Terms and its performance shall be governed by the laws of the State of New York, without regard to conflict of laws' provisions that would result in the application of the laws of any other jurisdiction.
For any questions or queries about these Terms or the Platform in general, please do not hesitate to contact us at: hagai@untitled88.com