Terms & Conditions

Last Updated: Mon 27th August, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Notifia.io website (the "Service") operated by Notifia Software Ltd (“us", "we", or "our").

By accessing the website at http://Notifia.io, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Use License
Permission is granted to access the materials (information or software) on Notifia Software Ltd's website and Software. This is the grant of a license, not a transfer of title, and under this license, you may not:
copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial) other than through a direct integration via the Notifia Script;
attempt to decompile or reverse engineer any software contained on Notifia Software Ltd's website;
remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Notifia Software Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Notifia Software Ltd's website are provided on an 'as is' basis. Notifia Software Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Notifia Software Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Notifia Software Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Notifia Software Ltd's website, even if Notifia Software Ltd or a Notifia Software Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Subscriptions
The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Notifia cancels it. You may cancel your Subscription renewal either through by contacting [email protected] or by contacting Notifia customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Notifia Software Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Notifia to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Notifia will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

For unpaid invoices, Notifia may involve third-party debt collection agencies to resolve your outstanding balance.

Free Trial
Notifia may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Notifia until the Free Trial expires.

On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Notifia reserves the right to
(i) modify the terms and conditions of the Free Trial offer,
(ii) cancel such Free Trial offer.

Fee Changes
Notifia, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Notifia will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds
Notifia Software Ltd abides by local rules & regulations for Payments, Refunds and Consumer Protection.

All customers are eligible for a refund if:
a) You are unhappy for any reason within the first 14 days of using Notifia;
b) You were unable to Install Notifia on your website due to Technical Issues or incompatibility issues with your website. Notifia Software Ltd is happy to help with setup and installation free of charge. If you did not attempt to contact support to set up Notifia Software, you will not be eligible for a refund;

We deal with any other refund requests on a case, by case basis. Please contact [email protected] and we will work with you to resolve your issue or provide a full refund.

Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Account Reviews
Notifia conducts periodic, random reviews of campaigns & promotions to ensure compliance with our Terms of Service and protect our users.

Prohibited Businesses
Notifia strives to empower businesses with honest marketing tools. We do not allow promotion of;

Counterfeit or Unauthorized Goods
Illegal Products or Services
Pay to Remove Sites
Child Pornography

Any services within this category will be restricted from the Notifia Platform and reported to local law enforcement.

Accuracy of materials
The materials appearing on Notifia Software Ltd's website could include technical, typographical, or photographic errors. Notifia Software Ltd does not warrant that any of the materials on its website are accurate, complete or current. Notifia Software Ltd may make changes to the materials contained on its website at any time without notice. However, Notifia Software Ltd does not make any commitment to update the materials.

Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by Notifia.

Notifia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

The inclusion of any link does not imply endorsement by Notifia Software Ltd of the site. Use of any such linked website is at the user's own risk.

You further acknowledge and agree that Notifia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Notifia and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of

a) your use and access of the Service, by you or any person using your account and password;
b) a breach of these Terms
c) Content posted on the Service.

Limitation Of Liability
In no event shall Notifia, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service;
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Notifia its subsidiaries, affiliates, and its licensors do not warrant that

a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components;
d) the results of using the Service will meet your requirements.

Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Notifia ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Notifia or any person for whom Notifia is responsible, and even if Notifia has been advised of the possibility of such loss or damage being incurred.

Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Modifications
Notifia Software Ltd may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us
If you have any questions about these Terms, please contact us at [email protected]

Notifia Software Ltd, 20-22 Wenlock Road.
London. United Kingdom
[email protected]