Acceptance of Terms
Welcome, and thank you for your interest in Hotpost Technologies (“Hotpost”, “we” or “us”) and our website at hotpost.io, along with our related websites, networks, applications, software, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and Hotpost regarding your use of the Service.
Use of Service
The Service provides a digital workspace for groups of people to create, plan marketing content. You agree to use the Service only for its intended uses and as set forth in these Terms. We may permanently or temporarily terminate, suspend, or otherwise deny your access to the Service without notice or liability, if, in our reasonable determination, you violate any of these Terms, or the spirit or intention of these Terms, including engaging in any of the following specifically prohibited actions:
– Use the Service for any unlawful, infringing, or fraudulent purposes;
– Probe, scan, or test the vulnerability of any system or network used with the Service;
– Tamper with, reverse engineer or hack the Service, circumvent any security or authentication measures of the Service or attempt to gain unauthorised access to the Service (or any portion thereof) or related systems, networks or data;
– Access or search the Service by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
– Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Service that consume extraordinary resources, such as by using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser;
– Misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Hotpost or any third party) or access the Service via another user’s account without their permission;
– Promote or advertise products or services other than your own without appropriate authorisation;
– Trick, defraud, or mislead us, any of our Customers, or other users;
– Solicit any users of the Service for commercial purposes;
– Make improper use of our support services or submit false reports of abuse, misconduct, or security breaches;
– Alter, damage, reproduce, modify, publicly display or perform, encode, translate, or create derivative works from, or reverse engineer any portion of the Service or related intellectual property, including its source code, software, and documents, or permit others to do any of the preceding, without our express written consent;
– Loan, lease, sell, license or sublicense, or otherwise commercially exploit any part of the Service without our express written consent;
– Use the Service as part of any effort to compete with us or to provide similar products or services;
– Submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes Hotpost’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Hotpost’s discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to Hotpost or any third party;
– Use any robot, spider, other automated devices, or manual process to monitor any content from the Service without our express written consent; or
– Permit or encourage anyone else to commit any of the actions above.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
Access and User Accounts
You can access the Service via a web browser (Chrome, Firefox, Safari, IE or Edge) at hotpost.io/app The Service is SSL (Secure Sockets Layer) enabled and enforced. To access the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may also upload additional content and information when you create your user profile. When creating your account and profile, you agree to provide accurate and complete information, and you represent and warrant that the content and information you provide will not violate any rights of third parties. You may delete your Account at any time, for any reason, by following the instructions on the Service.
You are responsible for maintaining the confidentiality of your Hotpost password and account; you are not permitted to share your account; and you are responsible for all activities that occur under your account, with or without your knowledge. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]
General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Hotpost reserves the right to determine pricing for the Service. Hotpost will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Hotpost may change the fees for any feature of the Service, including additional fees or charges, if Hotpost gives you advance notice of changes before they apply. Hotpost, at its sole discretion, may make promotional offers with different features and different pricing to any of Hotpost’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize Hotpost to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Hotpost, to the payment method specified in your account. If you pay any fees with a credit card, Hotpost may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize hotpost to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your Account Settings or by contacting us at [email protected]
Hotpost may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
User Content Generally
You are solely responsible for any User Content you post to the Service and the consequences of posting or publishing it. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service. By “User Content”, we mean any and all information and content a user submits to or uses with the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
Restrictions on User Content
Hotpost disclaims any and all liability in connection with User Content. You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership or rights to use any and all User Content that you post. You agree not to post User Content that: (i) creates a substantial risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person or entity; (ii) contains any information or content that you know is false or misleading to others; (iii) contains any information or content that is unlawful, libelous, defamatory, infringing, invasive of personal privacy or publicity rights, or otherwise violates the rights of third parties; (iv) contains any information that you do not have a right to make available under any law or under any contractual or fiduciary relationship; (v) contains viruses, Trojan horses, worms, time bombs, or any other computer programming routine that is intended to damage, interfere with, intercept or expropriate the Service or its contents, or any computer programming routine that has a similar effect; (vi) could be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (vii) contains Hateful Content, a Threat of Physical Harm, or Harassment. For the avoidance of doubt, your User Content may not include, and Hotpost may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Hotpost’s Services integrate or interoperate.
Intellectual Property Rights in User Content
You retain copyright and any other intellectual property rights you already hold in any User Content that you post. You represent and warrant that any User Content posted by you is original to or owned by you, or, you have obtained all necessary permissions and releases for the use of such content, and all content posted by you on the Service does not infringe any copyright or other proprietary or intellectual property right of any other person or entity.
By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Hotpost may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Hotpost with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Hotpost does not permit copyright-infringing activities on the Service.
Service Availability and Commitment
Although we strive to provide the most reliable software tools possible, interruptions and delays in accessing the Service are unavoidable. Because computer networks occasionally experience disruptions, we cannot guarantee that the Service will be available to you 100% of the time. We monitor our systems continually, and an engineer is typically available within an hour of service interruptions to take reasonable steps to resolve any reported issue, and we use reasonable efforts to restore service to our users promptly, often within a 24-hour period.
Regular backups of the database are made and retained at regular intervals. If you experience loss of data, we will attempt to restore data from the most recent working backup; however, we cannot guarantee that any lost user or data can be recovered or restored.
Under no circumstances will Hotpost or its suppliers be held liable for any damages due to such interruptions or lack of availability.
The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws and Hotpost and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback regarding the Service, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. We also reserve the right to make changes or updates to the Service or Content provided on or through the Service at any time without notice and we will own any such changes or updates (excluding User Content).
You may not:
– decompile, reverse engineer or disassemble any object code which is part of or made available through the Service into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
– copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Service;
– modify or create any derivative work of any part of the Service;
– disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service; or
– use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
All brand, product and service images, logos and names used in the Service that identify Hotpost, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of Hotpost, our suppliers or our customers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Hotpost or such supplier with respect to any such image, logo or name.
Links to Websites
Our Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
You agree to indemnify Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Service is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Service, even if Company has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
Term and Termination
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) you must pay Hotpost any unpaid amount that was due prior to termination.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Hotpost will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
– Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service.
– Waiver. A waiver by Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
– Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
– Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
– Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
– Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland and Wales. You agree that the courts of Ireland and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
– Consent to Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
– Copyright/Trademark Information. Copyright © 2019 Hotpost Technologies. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
– Contact Information. The Service is offered by Hotpost Technologies. You may contact us by sending correspondence to that address or by emailing us at [email protected]