THE AGREEMENT: The use of this website and services on this website provided by Sofos (hereinafter referred to as “Company”) are subject to the following Terms of Service (hereinafter the “Terms of Service” or “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”). Sofos is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of Sofos nor does LinkedIn Corporation have any association with Sofos.
By registering, accessing or using any services developed, operated, maintained or hosted by Sofos, including all websites and IP addresses available at and configured for use at https://www.Sofos.com you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Sofos and you.
Sofos, at its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use Sofos at your own risk.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- You must be 18 years or older to use Sofos.
- You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use Sofos. Sofos reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate.
- You may not use Sofos for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from Sofos.
- You may not resell, duplicate or reproduce or exploit any part of the service without the express written consent of Sofos.
- Sofos may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion if the Client is in breach of terms.
- Sofos reserves the right to refuse service to anyone for any reason at any time.
- Sofos claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to Sofos.
- If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images may be immediately deleted from the Service.
- Third-party subscriptions may be required to run certain aspects of your campaign. These subscriptions are not included in our pricing and must be procured directly from the third-party.
- All accounts are billed monthly or quarterly in advance of the month. Once the initial period paid for has come to an end, the account will automatically renew on the same charge date and for the same package, unless you modify your package or cancel your account before the charge has taken place, as in line with our “Cancellation and Termination” terms.
- No refunds or credits will be granted for partially used or unused months of service.
- Sofos reserves the right to terminate or suspend an account for non-payment of the subscription dues.
- If you choose to “Pause” your subscription instead of cancelling, you agree to have your subscription automatically reinstated once the paused period you selected is over.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Changes to Service Fees
Sofos reserves the right to change service fees with 30 days notice. Such notice may be provided at any time by posting the changes to the Sofos website (https://www.Sofos.com) or through email. Existing account plans may not be automatically updated in accordance with these changes, but are eligible for a service change, by request.
Cancellation and Termination
- You are solely responsible for cancelling your account from the “Billing” section of your Sofos dashboard. You may cancel your account at any time before your next charge date. There is no cancellation fee.
- All of your Content may be immediately deleted from the Service upon cancellation. Once your account is cancelled, your Content may not be able to be recovered.
Intellectual Property Rights
- You agree that Sofos owns all rights to the code, databases, visual-design and layout of the service itself.
- Sofos claims no intellectual property rights over the material you provide to the service.
- You may not duplicate, copy, or reuse any portion of the content of Sofos’s service without the express written consent of Sofos.
Reverse Engineering & Security
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Third-Party Links and Content
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
During the term of this Agreement and continuing for 12 months after the termination of this Agreement, neither Party shall directly or indirectly, for its own account or for the account of others, urge, induce, entice, or in any manner whatsoever solicit any client or partner directly involved in the activities conducted pursuant to this Agreement to engage in the services of the other Party or any of its Affiliates. For purposes of the foregoing, urge, induce, entice or solicit shall not be deemed to mean: (a) circumstances where an employee of a Party initiates contact with the other Party or any of its Affiliates with regard to possible cooperation; or (b) general solicitations of business not specifically targeted at clients of a Party or any of its Affiliates, including responses to general advertisements.
Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors and potential acquisition targets; its business operations and structure; its services, formulas and pricing; its processes, technologies and inventions; its research and know-how; its financial data; and its plans and strategies.
Warranties and Liability
- Sofos does not warrant that:
- The service will meet your requirements or expectations.
- The service will be uninterrupted, timely, secure, bug or error-free at all times.
- The calculations performed by the service are accurate.
- You expressly understand and agree that Sofos shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sofos has been advised of the possibility of such damages), resulting from your usage of the service.
- Your use of the service is at your sole risk. You acknowledge, understand and agree that Sofos provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
- Technical support is only provided to paying account holders and is available as per the terms of your account.
- You understand that Sofos uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
- You acknowledge, understand and agree that Sofos cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
- You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated, linked to, or partnered with Sofos.
- Verbal, physical, written or other abuse of any Sofos customer, employee, member, or officer will result in immediate account termination and legal action.
- You agree to defend, indemnify, and hold harmless Sofos, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service.
- You agree to receive administrative and legal notices about the service electronically via email or snail mail.
- Jurisdiction, Venue & Choice of Law: Through Your use of the Website or Services, You agree that the laws of the United Kingdom shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the United Kingdom. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the United Kingdom. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law of the United Kingdom. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
The failure of Sofos to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sofos and govern your use of the service, superseding any prior agreements between you and Sofos (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us.