Terms of service

LeadConverter is a web service provided by Caphyon. By using the Service, you agree to the terms herein. Please read them carefully.

1. DEFINITIONS

  • “Caphyon” means Caphyon S.R.L., Str. Ana Ipatescu Nr. 51, Dolj, Craiova, 200340, European Union, Romania.
  • “Service” means the LeadConverter online service and corresponding documentation, printed materials, online or electronic documentation.
  • “Account” means the LeadConverter account that you create by Signing Up on this website, with all its related items (tracking code, popups, etc.)
  • “Tracking code” means Caphyon’s tracking code which is installed on your Website for the purpose of collecting visitors data.
  • “Visitors” means visitors that come to your Website.
  • “Website” means a group of webpages that are linked to an Account and use the same tracking code.
  • “Subscription” means the free or paid plan you choose on your own, that limits your use of the Service according to their Attributes.
  • “Attributes” – means the characteristics of a Subscription, included in the description of that Subscription.
  • “Terms of Service” – means the Agreement between you and Caphyon.

2. THE SERVICE

LeadConverter is a web – based service of Caphyon for leads management and conversion. The Service collects and tracks certain information and data regarding the characteristics and activity of Visitors to the specified Website, enabling you, as user of the Service, to view certain analytical reports based on the Visitors data related to such Website. The Service will collect and track Visitors data for all pages in any Website on which the Tracking Code is installed.

To collect and track information and data regarding the activity and characteristics of your Visitors, the Service uses various technologies which include sending one or more cookies to your Visitors’ browser. A cookie is a small data file that LeadConverter transfers to your Visitors’ computer, on the hard disk, for visit tracking purposes on the Website where the Tracking Code is installed. Your Visitors can instruct their browser, by changing the browser options, to stop accepting cookies or to be prompted before accepting a cookie from the websites they visit, including the Website. When your Visitors visit the Website, LeadConverter records the information that their browsers send whenever they visit the Website. This information refers to your Visitors’ computer IP address, the webpage they were visiting before arriving to the Website, the webpages of the Website that they visit, the time spent on those webpages, the access times and dates, and other statistics.

By signing up to the Service, you agree to comply with and be bound by the following Terms of Service, which together with the Privacy Policy govern Caphyon’ s relationship with you in relation to the Service.

In addition, you understand and acknowledge that the Service is provided on an “as is” basis and neither Caphyon nor any third party take responsibility or liability for the Service’s availability, timeliness, security and / or reliability.

Caphyon also reserves the right to modify, suspend or discontinue the Service at any time, with or without notice, and without any responsibility or liability to you, including, but without limitation to, suspending or discontinuing the Service as a result Service overuse or use of the Service for reasons not intended, as determined by Caphyon at its sole discretion.

3. THE FEE

Caphyon provides a free Account and several fee based Subscriptions. Each Subscription has a monthly fee, based on the Attributes of the Subscription you have chosen. The main Attributes that define a Subscription is the number of websites you can manage, the number of visits you can track, the number of popups you can display and the branded/unbranded popups feature. In the event that you would like to manage more websites than your Subscription allows, you can Upgrade to a higher Subscription that you choose on your own.

By upgrading to a paid Subscription, you agree to pay for the Service provided according to the monthly fee of that Subscription.

4. USE OF THE SERVICE

The Service is provided to you for your personal use only. The Service is made available in accordance with the “Children’s Online Privacy Protection Act of 1998″ (you must be at least thirteen (13) years old to use the Service). On signing up, you must provide current and accurate identification information, and other data that may be required during the registration process and/or use of the Service. You are responsible for maintaining the confidentiality of your Service Account and password, and for all activities performed thereunder.

Your use of the Service is subject to your acceptance of and compliance with the Terms of Service herein, which acceptance is confirmed by your signing up on this website.

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You agree that you are responsible for your own communications and for any consequences thereof. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Caphyon at its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of the Service, and may subject you to state and federal penalties and other legal consequences. Caphyon reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

5. USE OF VISITORS DATA

Caphyon commits to not sharing data related to your Visitors with any third parties unless Caphyon (i) is required by law to do so or (ii) provides limited, anonymized and aggregated data regarding your Visitors to third parties in order to perform tasks on Caphyon’s behalf (i.e. billing or data storage), with strict security restrictions to prevent this data from being used or shared except as intended by Caphyon. In these cases, it is subject to agreements that oblige those parties to process your Visitors data only on Caphyon’s instructions and in compliance with this agreement.

The Visitors data collected and tracked by the Service is anonymous, behavioral tracking information about the visitors to the Website on which you use the Service and you acknowledge and agree that Caphyon does not collect, track or require access to any personally identifiable information about any such Visitors (“Visitors PII”). If you disclose any Visitors PII to Caphyon, you represent and warrant that: (i) you comply with all applicable laws relating to the collection, use and disclosure of Visitors PII; (ii) you have posted (or will post) a privacy policy on each Website on which you use the Service, which clearly and conspicuously discloses that: (a) you use a third-party service that provides you with certain services to you in connection with your operation of such Website, including the collection and tracking of certain information and data regarding the characteristics and activity of Visitors to such Website; and (b) you may disclose Visitors PII to certain such third-party service provider for the sole purposes of provision of services by the third party service provider to you; and (iii) you have made all required notifications and obtained all required consents and authorizations from your website visitors relating to the disclosure of Visitors PII to a third party service provide like Caphyon. You further acknowledge and agree that your indemnity obligation under the “INDEMNIFICATION” paragraph below applies to any third party claims relating to your disclosure of any Visitor PII to Caphyon.

6. CONTENT OF THE SERVICE

Caphyon takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Caphyon have any obligation to monitor such third party content.

Caphyon reserves the right, at all times, to remove or refuse to distribute any content on the Service, such as content which violates the terms of the Terms of Service herein. Caphyon also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Caphyon, its users and the public. Caphyon is not responsible or liable for the exercise or non- exercise of its rights under the Terms of Service.

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Caphyon owns all right, title and interest in and to the Service, including without limitation all intellectual property rights including, but without limitation to, any and all text, graphics, software, data, information, images, music, sound, video, audiovisual works, and data associated with the Service (the “Caphyon Rights”), and such Caphyon Rights are protected by U.S. and international intellectual property laws.

Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Service. Caphyon Rights include rights to (i) the Service developed and provided by Caphyon; and (ii) all software associated with the Service.

Caphyon Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Caphyon does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Account. Caphyon will not use any of your content for any purpose except to provide you with the Service.

8. REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) all of the information provided by you to Caphyon to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into the Terms of Service herein and to perform the acts required of you hereunder.

9. PRIVACY

As a condition to using the Service, you agree to the terms of the Caphyon Privacy Policy as it may be updated from time to time. Caphyon understands that privacy is important to you. You do, however, agree that Caphyon may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (including, but not limited to, pursuant to a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Caphyon Privacy Policy. Personal information that is collected by or sent to Caphyon may be stored and processed in any country in which Caphyon maintains facilities. By using Lead Converter, you consent to any such transfer of information outside of your country.

10. ACCOUNT INACTIVITY

After a period of inactivity, whereby a user fails to login to an Account for a period of six months, Caphyon reserves the right to disable or terminate the Account.

11. TERMINATION; CANCELLATION

You may cancel your use of the Services and/or terminate this agreement with or without cause at any time by providing notice to Caphyon, following the steps in the Subscription Details section of your Account; provided, however, that a terminated account may continue to exist according to Caphyon’s Cancellation policy until the cancellation takes effect. Caphyon may at any time and for any reason terminate the Services, terminate this agreement, or suspend or terminate your Account. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account although residual copies of information may remain in our system. Except as set forth above or unless Caphyon has previously canceled or terminated your use of the Services (in which case subsequent notice by Caphyon shall not be required), Caphyon will notify you via email of any such termination or cancellation, which shall be effective immediately upon Caphyon’s delivery of such notice. 4, 5, 6, 8, 9 and 11 – 16 of the Terms of Service herein, along with applicable provisions of Section 2 regarding limitation of responsibility and liability, shall survive expiration or termination of this agreement.

12. INDEMNIFICATION

You agree to hold harmless and indemnify Caphyon, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Caphyon will provide you with written notice of such claim, suit or action.

13. CHOICE OF LAW; JURISDICTION

This agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.

14. ASSIGNMENT

Neither this agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of Caphyon.

15. LIMITATION OF LIABILITY

In no event shall Caphyon or its agents be liable for any direct, indirect, special, incidental or consequential damages including, without limitation to, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Service, damages resulting from the use of or reliance on the information or materials presented on this website.

In no event shall Caphyon’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the Subscription fee paid to Caphyon for use of the Service.

Caphyon shall be relieved of any and all obligations for any portions of the Service that is revised, changed, modified, or maintained by anyone other than Caphyon.

16. SEVERABILITY

If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

17. ENTIRE AGREEMENT

The Terms of Service herein contain the entire agreement between you and Caphyon related to the Service and supersedes all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.