Terms and Conditions for Provision of Services by Electronic Means of Communication US and non-EU users
- These Terms and Conditions set forth the general terms and conditions for the provision of the Services offered by the NapoleonCat, Inc. available on the napoleoncat.com domain, as well as using the NapoleonCat Mobile Application.
- These Terms and Conditions are intended to comply with applicable laws and regulations.
- The terms used in these Terms and Conditions shall have the following definitions:
- Application – part of the Site accessible after logging into the Account – software made available by the Service Provider from the level of a web browser or through the Mobile Application as a service, by means of which the User can manage pages/accounts/profiles on websites such as Facebook, YouTube, Twitter, Instagram, LinkedIn, Google My Business, as well as analyze the activity of such pages/accounts/profiles. The number and type of functionalities of the Services made available to a respective User depends on the Package the User has opted for.
- Mobile Application – an application for mobile devices that enables the use of certain functionalities of the Application.
- Price List – a document available on the Site specifying the fees for the use of the Services included in a respective Package. The Price List constitutes an offer to enter into a Service Agreement. The prices specified in the Price List are binding until new prices are published in the Price List.
- Personal Data -any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal Data” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
- Registration Form – an electronic registration form that makes it possible to create an Account and register the User on the Site for the purpose of using the Services.
- Password – an individual string of characters selected by the User, which, together with the Login, is used to log into the Account. The Password must consist of at least 5 characters.
- Account – an individual User Account created by the Service Provider in connection with the Registration, authorizing the User to use the Services.
- Test Account – an individual User Account created by the Service Provider in connection with the Registration, authorizing the User to use the Services for a period of 14 days following the Registration date.
- User Account on the Website – means an account/fan page/profile/page, etc. on a respective Website to be linked to the Account for the purpose of providing the Services;
- Login – the User’s e-mail address, which, together with the Password, is used to log into the Account.
- Newsletter – an electronic newsletter containing information related to the activities of the Site (including commercial information) delivered to the User by means of electronic communication. Service provided after the User has placed an order and given the appropriate consent, which the User may cancel at any time.
- Subscription Period – the period of time during which the Service Provider provides the User with paid Services as part of the selected Package. The Subscription Period may be (a) a month-to-month subscription, in which case the User pays for services on a monthly basis (the “Monthly Subscription”); or (b) an annual subscription, in which case the User pays for services on an annual basis (the “Annual Subscription”). Both the Monthly Subscription and the Annual Subscription may be referred to as the “Subscription Period”.
- Subscription Fee – the amount paid by the User for the Services provided as part of the selected Package in the respective Subscription Period. Subscription fees are specified in the Price List.
- Service – benefits received by the User on the basis of a service agreement between the Parties, consisting specifically in providing the User with certain functionalities of the Application.
- Service Provider – The Service Provider is NapoleonCat, Inc., the owner and operator of the Site, and uses it to provide the Services without the simultaneous presence of the parties using a telecommunications network.
- User a business entity or individual who enjoys full capacity to perform legal transactions that has registered and entered into an Agreement with the Service Provider to receive the Services. Whenever the Terms and Conditions refer to a User, this includes a Test User, unless it appears from the text of the Terms and Conditions or the import and purpose of the provisions that this only refers to a User who is not a Test User.
- Test User – a business entity or individual who enjoys full capacity to perform legal transactions that has registered and entered into an Agreement with the Service Provider to receive the Services for a period of fourteen (14) days free-of-charge.
- Agreement – the agreement between User and the Service Provider for the provision of Services specified in the respective Package. The Agreement expressly includes these Terms and Conditions.
- Package – the Services selected by the User, which the Service Provider provides to the User in a respective Subscription Period.
- User Panel – a set of functionalities of the Application that enable management of the Account (possibly a Test Account).
- Payment – an act of paying, in the manner specified herein, the fee for the Subscription Period as per the selected Package.
- Associate – an individual whom the User, based on the rights vested in the User under the Agreement, has authorized to use the Application. As defined herein, an Associate may only be an individual with full capacity to perform legal transactions who is employed by or provides services to the User under a legal relationship other than an employment contract. The User shall be responsible for the actions and omissions of the Associate on the Site as for User’s own actions or omissions.
- Terms and Conditions – these terms and conditions.
- Registration – an act of providing appropriate data, including Personal Data, and making an appropriate statement of intent resulting in the Agreement and the creation of an Account or Test Account.
- Site – the NapoleonCat website operated by the Service Provider available on napoleoncat.com.
- Websites – websites, such as Facebook (including the Facebook Messenger communication platform), Youtube, Instagram, Twitter, LinkedIn and Google My Business, whose pages/accounts/profiles (depending on the particular website) the User may manage, as well as analyze the activity of pages/accounts/profiles on such websites. The Application makes it possible to manage and carry out an analysis with respect to the websites referred to in the preceding sentence; however, the Service Provider may extend the operation of the Application to other websites, of which the User will be informed.
- Party – the Service Provider or User.
- Parties – the Service Provider and the User.
II. General terms and conditions for the provision of electronic services
- The Services shall be provided with the use of an information and communications technology system, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks, in accordance with applicable law.
- The content of the Site is legally protected.
- The Site may only be used on the terms and conditions set forth in the text of these Terms and Conditions.
- In order to use the Site, the User should have a computer or a device with installed software that allows web browsing and access to the Internet with a bandwidth of at least 1Mb/s. The Site may be accessed using the most popular web browsers, such as: Chrome 60, Firefox 55, Edge 79, Safari 11.1. In order to use the Mobile Application, a device with Apple iOS version 12 or higher or Android version 8 and Internet access of at least 1Mbps is required.
- In order to create an Account, it is necessary to have an active electronic mail (e-mail) address.
- Names (including trade names), logos, descriptions or trademarks published on the Site pages are legally protected. Any use of them may only take place with the prior written consent of the Service Provider and/or other applicable right-holders. Any violation of the rights in question by the User may result in legal sanctions, including claims for damages by the right-holders.
- The Service Provider provides services in the territory of the United States, and else ware abroad except the European Economic Area.
- The Service Provider reserves the right to modify the technical implementation of the Service, according to the scope and conditions of its authority, and in accordance with its technical capabilities.
III. General terms and conditions for use of the Services
- Payment is necessary for use of the Services, subject to the possibility of free-of-charge use of the Services by a Test User as set forth herein.
- Use of the Services requires Registration.
- When using the Site, the User must:
- comply with the Terms and Conditions,
- use the Application only to the extent authorized by the Terms and Conditions,
- refrain from any actions that may hinder or interfere with the operation of the Site or Mobile Application, and from any actions that may hinder the use of the Site or Mobile Application by other Users,
- refrain from actions that interfere or seek to interfere with the Site or Mobile Application,
- refrain from any actions that violate the rights of other Users.
IV. Registration and Term of the Agreement
- Use of the Application is possible only after Registration.
- User Registration takes place by completing the Registration Form available on the Site and creating a Test User Account or User Account.
- The creation of an Account or Test Account shall constitute acceptance of the Terms and Conditions, of which the User or Test User is informed in a communication displayed to him/her.
- The boxes of the Registration Form to be filled out are indicated in the Registration Form.
- Once the Form has been filled out and submitted, the Service Provider sends a confirmation of registration to the User’s e-mail address along with information that a Test Account has been created. From then on, the User may use the Test Account for a period of fourteen (14) days. The Test User shall be authorized to use the Test Account once, meaning that once the Test Account has been created, the Test User is authorized to use it for no more than fourteen (14) days and is not authorized to receive the Test Account again. In case of re-registration as a Test User or attempted registration by the same entity, the Service Provider shall have the right to terminate the Agreement with immediate effect.
- Upon completion of the Registration, the 14-day test period (the “Test Period”) shall commence. After expiration of the Test Period, the Test User shall not be entitled to continue use of the Test Account, unless Payment is made for the selected Package. Once Payment is made the Test User shall become a User, and the applicable Subscription Period commences.
- No Payment is required to create or use a Test Account.
- In order for the User to use the Application, it is necessary to connect the Account to the corresponding User Accounts on the Websites for which the Services are to be provided, through the appropriate data exchange interfaces.
- Depending on a respective Website’s terms and conditions, the User Account on the Website may be assigned directly to a specific individual acting on the User’s side—such an individual is the User’s Associate for the purposes of these Terms and Conditions. The User represents that:
- User undertakes to have, throughout the term of the Agreement and the use of the Application and the Mobile Application, the Associate’s consent to have such User Account on the Website linked with the User Account on the Application;
- represents and warrants that User is fully authorized to administer, manage and use the User Account on the Website;
- if such Associate needs be replaced, User is obliged to notify the Service Provider thereof and to perform all actions required for the replacement at the level of the respective Website and in the Application.
- The User acknowledges that by entering into the Agreement, User consents to the Service Provider accessing the data of the User Accounts on the Websites, which can be managed/analyzed via the Application. The data referred to in the preceding sentence shall be used by the Service Provider to provide the Services. The Service Provider may also process and use the above-mentioned data for the purpose of preparing and publishing studies and analyses concerning the websites. The data used in such studies and analyses will be anonymous and aggregated, meaning, in particular, and no data will be published with reference to the entity concerned.
- Upon expiration of the Test Period, the User Test Account shall be deleted from the Site after forty-five (45) days.
- The User shall not be entitled to transfer rights or obligations under the Agreement with the Service Provider, without the latter’s consent given in a written or documentary form under pain of nullity.
- If the Registration is performed by the User’s Associate on behalf of the User and not by the User personally:
- the Associate represents that he/she is authorized to enter into this Agreement on behalf of and for the benefit of the User;
- at the request of the Service Provider, the Associate and the User are obliged to provide proof of authority;
- the Associate shall be fully liable to the Service Provider if this Agreement is entered into without proper authorization from the User.
V. User Account
- The User, through the User Panel accessible from the Account, shall use the Application as part of the selected Package.
- The scope of Services provided as part of the respective Package is specified in the Price List available on the Site at: https://napoleoncat.com/pricing/.
- The Service Provider reserves the right to create Individual Packages with the scope of Services to be specified by the User and the Service Provider under a separate agreement, which may contain provisions different from the Regulations and, to that extent, prevail over the Regulations
- Logging into the Account requires entering the Login and Password. The Login and Password for the Account are confidential. In order to ensure proper protection of the Password, the User should change the same at least once a month.
- The User shall report any breach of the confidentiality of the Login and Password to the Service Provider immediately upon discovery of such breach.
- If the User loses the Password, User may request the Service Provider to set a temporary Password to log in to the Account. In order to be provided with a temporary Password, the User should use the mechanism provided on the Account login page. The new Password shall be sent to the User’s e-mail address in the form of an activation link.
- It is forbidden for the User to provide access to User’s Account to third parties, with the exception of the User’s Associates using individual logins and passwords of the User’s Associates. An option to extend access to the Account to the User’s Associates depends on the type of Package that the User has.
- A User who has a Package that allows the User to authorize an Associate to use the Application grants an authorization in the User Panel under the Team tab. Once an authorization has been granted, the User’s Associate also has access to the Account. The User decides which of the User’s Associates has the rights of an Account administrator, i.e., a person authorized to make the most significant changes regarding the Service in the Application panel, in accordance with the functionality of this panel. The designation of an administrator means that the Service Provider has given an appropriate authorization to this person.
- Using the Account, the User may make any changes to the data User has entered and at any time check the extent of the used Services provided as part of the selected Package.
- All applicable provisions of this section shall apply to the use of a Test Account.
VI. User’s Obligations
- The User is obliged to read and comply with the terms and conditions of the Websites that User will manage/perform analytics via the Application. In particular:
- the YouTube Terms of Service published at https://www.youtube.com/static?template=terms
- the Facebook Terms of Service published at https://www.facebook.com/terms.php and https://www.facebook.com/page_guidelines.php
- the Instagram Terms of Service published at https://help.instagram.com/478745558852511
- the Twitter Terms of Service published at https://twitter.com/en/tos#current
- the LinkedIn Terms of Service published at https://www.linkedin.com/legal/user-agreement?
- The TikTok Terms of Service published at https://www.tiktok.com/legal/page/eea/terms-of-service/en
- The Service Provider does not conduct prior, ongoing or subsequent control or monitoring of the content that the User publishes or posts via the Application on the Websites. The Service Provider shall not be liable for the content that the User publishes or posts via the Application on the Websites.
- It is unacceptable for the User to publish or post via the Application on the Websites content that violates the rights of third parties, applicable laws, rules of social coexistence or good practices. Such content shall include, without limitation, content that:
- incites or promotes racism, fanaticism, hatred or any kind of harm to any group of people or individuals;
- persecutes or promotes persecution of others;
- manifests sexual exploitation or violence against people or contains content or references to pornographic content;
- contains information that causes or poses a threat to the privacy or safety of any person;
- contains information that promotes illegal activities or behavior that is offensive, threatening, indecent, defamatory or libelous;
- infringes upon intellectual property rights of any person;
- contains links to a site with restricted access or accessible only by password, or contains hidden pages or images (i.e., not accessible from another accessible site or not linked to such a site);
- promotes or fosters criminal activities or partnerships, or contains instructions for illegal activities, invasion of another person’s privacy, sharing or creating computer viruses;
- contains a trademark or name belonging to another entity, and the User has not presented consent for its use issued by the right-holder;
- violates or attempts to violate privacy rights, rights of commercial exploitation of personal property, copyrights, trademark protection rights, contractual rights and other rights of any person;
- spreads propaganda and/or symbols of organizations that are unconstitutional or illegal.
- In the event that the Service Provider receives credible information or official notification about the illegality of the content published or posted by the User via the Application on the Websites, or if the User commits acts hindering or destabilizing the operation of the Website, the Service Provider shall be entitled to immediately block the use of the Application by that User, of which the latter shall be informed via e-mail. The foregoing shall apply subject to the provisions of paragraph 5(ii) below.
- In the event that: (i) the User fails to cease the acts referred to in Section VI.3. above (despite a prior request from the Service Provider to cease them immediately) or (ii) the User flagrantly violates the provisions of Section VI.3. above (which does not require a prior request from the Service Provider), the Service Provider reserves the right to terminate the Agreement (electronically or in writing) with immediate effect, giving rise to the Service Provider’s right to terminate the Account, of which the User shall be informed via e-mail. In the event of the Account being terminated through the User’s fault, the User is obliged to pay for all ordered Subscription Periods until the end of the current Commitment Period. All fees paid for the ordered Subscription Periods are non-refundable.
VII. Term of the Agreement/the Terms and Conditions
- The User may choose a Subscription Period that is either a Monthly Subscription or an Annual Subscription.
- In the event the User wishes to change the type of Subscription Period, such change will take effect after the end of the then-current Subscription Period; provided, however, that Service Provider still offers such Subscription Period type. By way of example, in the event User desires to change from an Annual Subscription to a Monthly Subscription, the Monthly Subscription shall not take effect until the end of the then-current Annual Subscription period.
- The initial Subscription Period shall commence on the 15th day following the User’s creation of a Test Account, unless the User makes a Payment earlier; provided, however, that User must have made Payment within fourteen (14) days of the creation of the Test Account for the Subscription Period to commence. In the event Payment is not received prior to the 15th day following User’s creation of a Test Account, the Subscription Period shall commence on the date Payment is made.
- This Agreement, including these Terms and Conditions shall remain in full force and effect until the end of the last Subscription Period for which Payment has been made by User, unless earlier terminated as provided for herein (the “Term”).
- Upon expiration of any Subscription Period, this Agreement, including these Terms and Conditions, shall automatically renew for additional Subscription Periods on the same terms and conditions of the immediately preceding Subscription Period, unless User, prior to the expiration of the then-current Subscription Period, deletes the payment card details from the User’s Account or otherwise notifies Service Provider of User’s intent to cancel in writing to [email protected] or by using the chat window available on the Site. If a message is sent via e-mail address or in the chat window prior to the expiration of the Commitment Period, the Payment for the subsequent period shall not be collected or, if collected, shall be refunded after the User sends an e-mail to [email protected] or using the chat window available on the Site. A statement of cancellation of the automatic extension of the Subscription Period submitted by the User in accordance with this paragraph shall simultaneously constitute a statement of termination of the Agreement. Automatic extension of the Agreement as aforesaid shall be considered an order for another Subscription Period by the User.
- Service Provider may terminate this Agreement, including any Subscription Period, at any time with or without notice to User.
- Service Provider will provide a User with an Annual Subscription Period notification of the end of the Annual Subscription Period no less than seven (7) days prior to the end of the then-current Annual Subscription Period.
- Since the Service Provider provides services on an “as-is” basis, the User shall not be entitled to claim a refund of the Payment. In order to communicate the Service offered, the Service Provider enables the creation of a Test Account and free-of-charge use of the Services for a period of fourteen (14) days.
VIII. Payment for Services
- All Payment for Services is due prior to the commencement of the Subscription Period. User may not utilize Services until Payment is received by Service Provider.
- The Service Provider may require User to make automatic payments for the Services (e.g., from a credit card specified by User).
- By choosing to make automatic Payment for the Services, User agrees to have their specified credit card charged on a monthly or annual basis, in accordance with the elected Subscription Period and this Agreement.
- During the period where User has created a Test Account but before the commencement of the initial Subscription Period, the User Panel shall display information about the possibility of making a Payment for the initial Subscription Period by automated means using the appropriate payment form located in the User Panel. Making the first Payment is necessary to use the Services after the use of the Test Account is terminated. Before the first Payment is made, the Parties may modify the Package to determine the scope of the Services according to the individual needs of the User.
- Payment for the ordered Subscription Period shall be made upfront, no later than 1 day prior to the beginning of the respective Subscription Period. If more than one Subscription Period at a time is ordered, the Service Provider may require payment to be made upfront for all Subscription Periods ordered.
- Once the Payment is made, the User shall have the ability to use the Application and the Account during the respective Subscription Period.
- An automatic Payment is considered received by the Service Provider when the Service Provider receives confirmation of the correct processing of the transaction made by the payment institution intermediating in the processing of the Payment.
- The Service Provider shall not be liable to the User for any delays in the commencement of the Services resulting from incorrect or incomplete information provided by the User that is necessary to process the Payment.
- The User may change the Package to another Package on the terms described below. In the event that such other Package is a package with a price higher than the existing Package, the Services offered as part of such other Package may be used from the day following the day on which the Payment is received by Service Provider. If a change of the Package involves a change into a Package with a price lower than the existing one, the change shall take effect in the next Subscription Period, unless otherwise determined by Service Provider.
- In the event that the Service Provider is required to repay funds to the User for any reason, such repayment shall be made by the same method by which the payment was made, unless the Parties agree otherwise.
- The current Price List detailing the Services provided as part of the available Packages can be found on the Site. All prices of Packages given on the Site are net amounts to be increased by Value Added Tax (VAT) and Sales Tax at the applicable rate.
- The Service Provider reserves the right to change the prices of the Packages specified in the Price List, which will be posted on the Site. For the avoidance of doubt, the new fee rates shall not apply to the Subscription Periods that have already been paid by the User.
- In order to receive a VAT invoice, the User is required to provide the data necessary for the same to be issued, in particular the business name, address details and Tax Identification Number. The User consents to invoices being issued, sent and made available in electronic form.
IX. Intellectual property rights
- Service Provider reserves all intellectual property rights to the Application, Mobile Application and the Site, including but not limited to the textual, graphic and multimedia elements incorporated therein, as well as software and databases.
- The User may only use the Application to use the Services, including posting or publishing content on the Websites. The above also applies to the use of the Application as part of the Test Account.
- From the moment the Mobile Application is downloaded and installed by the User, the Service Provider grants the User a non-exclusive, non-transferable and non-assignable, worldwide license to use the Mobile Application in accordance with its intended purpose, until the same is removed from the resources of the mobile device and on the Terms and Conditions set forth herein.
- The User shall not be entitled, regardless of the technical measures used, to enable third parties to use the Site, the Application and the Mobile Application (except where such authorization is expressly provided for in the Agreement), or to use the Website, the Application or the Mobile Application for the purposes of third parties otherwise than as described in the Terms and Conditions.
- The User shall not be entitled to change or remove any copyright and other proprietary notices present on the Site, the Application and the Mobile Application.
- The User acknowledges that even minor changes to the Site, the Application and the Mobile Application may lead to significant, unforeseeable disruptions in their operation. The User shall be liable for any changes to the Site, the Application and the Mobile Application made by the User or the persons that the User have engaged for this purpose.
- Any use of the Site, the Application and the Mobile Application that exceeds the scope set forth in these Terms and Conditions shall require the express consent of the Service Provider given in a written, documentary or electronic form under pain of nullity. In particular, Users may not undertake any actions involving:
A. reproducing, selling or otherwise marketing or distributing the Application, the Mobile Application or the Site, in whole or in parts, in particular transmitting or making them available in computer systems and networks, or any other data communications systems;
B. researching and testing the operation of the Site, the Application or the Mobile Application in order to become knowledgeable about their ideas and operating rules;
C. independent modification of software of the Application, the Mobile Application or the Site;
D. extracting any data from the Application, the Mobile Application or the Site, as well as extracting their component parts, and any modification, de-compilation and disassembly thereof and their use in isolation from the Application, the Mobile Application or the Site;
E. obtaining information, otherwise than from the Service Provider, about the internal structure or operating rules of the Application, the Mobile Application or the Site;
F. using the Services via an Application or Mobile Application other than the one published by the Service Provider.
- By registering with the Site, User consents to Service Provider informing third parties that the User benefits from the Service Provider’s Services, including, in particular, granting the Service Provider the right to publish (for the above-mentioned purpose) without territorial restrictions, including in the media, on the Internet, in printed, audio and video materials, the User’s designations such as, among others, the business name and trademark identifying the User or User’s goods or services.
X. Expiration of the Agreement and Suspension of Services
- The Service Provider may terminate the Agreement at any time by submitting notice of termination in electronic form, which is sent via e-mail to the User’s address or is otherwise in writing. The User may terminate the Agreement at any time by submitting a notice of termination of the Agreement in electronic form, which is sent via e-mail to [email protected] or is otherwise in writing, or by deleting the payment card data from the User’s Account or via the chat window available on the Site effective at the end of the Commitment Period in which the termination notice was submitted.
- Upon expiration of the Agreement, the Service Provider shall be entitled to delete the User Account, including any data in the database of the Application and Mobile Application. The Service Provider shall not delete data or content entered by the User via the Application to the Websites.
- The User shall not be entitled to any refund in the event the User terminates the Agreement prior to the end of the Subscription Period.
- Except as specified in Section VII.5 of the Terms and Conditions, the Service Provider may terminate the Agreement with immediate effect by way of a statement in electronic form sent via e-mail to the User’s e-mail address, or in writing, if the User:
- has violated or violates the provisions of the Terms and Conditions,
- has taken or takes actions that jeopardize the security of the data stored on the Site, the Application or the Mobile Application,
- has made or attempts to make unauthorized access to the Site, the Application or the Mobile Application,
- has performed or performs unlawful actions via the Site, the Application or the Mobile Application,
- has acted or acts to the detriment of the Service Provider,
- provided untrue data during Registration,
- has infringed or infringes upon intellectual property rights of the Service Provider, in particular, the Service Provider’s economic rights,
- violates the rules (including, in particular, the terms and conditions) governing the use of the Websites,
- has not made payment due to the Service Provider by the due date,
- has created more than one Account on the Site without obtaining the Service Provider’s prior consent in documentary form,
- has registered more than once as a Test User of the Site without obtaining the Service Provider’s prior consent in documentary form.
- Where the Agreement expires for the reasons set out in paragraph 4 above prior to the end of a Subscription Period, the Service Provider shall be entitled to receive (or, if already paid, to retain) the Subscription Fees for the time until the end of the Subscription Period in the full amount.
- In the cases specified in paragraph 4 above, in particular non-observance of the due date, the Service Provider shall be entitled to suspend the provision of Services, until the situation compliant with the law and the Terms and Conditions is restored, in particular until the User has paid all outstanding dues, subject to the following terms:
- suspension may entail, in particular, at the Service Provider’s discretion, preventing the use of or limiting access to the Services, the Application, the Mobile Application and the Site or selected functionalities thereof.
- The User is obliged to pay the Subscription Fee for the entire period of suspension;
- suspension does not preclude other rights of the Service Provider, in particular the right to terminate the Agreement.
XI. Information on specific risks associated with the use of the electronic service
- The use of the Site, Application, Mobile Application and Services shall take place via the Internet, which carries the risks that arise when using this network.
- Risks associated with using the Internet include, among others, the possibility of introducing software that can cause harm to a device connected to the Internet, such as “viruses”, “worms” and “Trojan horses”. Therefore, it is advisable for the User to have up-to-date software to counter such risks, such as anti-virus programs and programs that protect devices from unauthorized third-party access (firewall).
- Risks are also posed by third parties seeking to have unauthorized access to devices and data without the knowledge and against the will of the User. In order to prevent such mechanisms, Users are advised to keep the Password allowing access to the Account in strict confidence.
- The User may submit complaints regarding the Services in writing to the Service Provider’s address specified at https://napoleoncat.com/contact or in electronic form to the Service Provider’s e-mail address: [email protected].
- Complaints should specify the reason and the e-mail address and form of the complaint, as well as the scope of steps that the User expects to be taken by the Service Provider.
- Service Provider shall review all complaints in accordance with its policies and procedures.
XIII. Personal Data
- The User shall comply with its obligations set forth in paragraph 2 at the earliest of:
- before the person is registered as the User’s Associate on the Site,
- before such person’s personal data are provided to the Service Provider by the User or by any other person acting for or on behalf of the User;
- before the Service Provider has access to such person’s personal data otherwise in connection with the use (or intended use) of the Services by the User.
- At the Service Provider’s request, the User shall provide the Service Provider with documents confirming compliance with the obligations referred to in paragraph 2.
- The Service Provider stipulates that the Site, Application, Mobile Application and Services may be temporarily unavailable where it is necessary to undertake technical steps concerning the software or hardware such as update, maintenance, inspection, replacement. Unavailability of the Site, Application, Mobile Application and Services may also result from unavailability or malfunction of the Websites and/or service providers used by the Service Provider, such as, for example, hosting services. The unavailability referred to in this paragraph shall not constitute grounds for any claim against the Service Provider.
- The Service Provider shall not be liable for non-performance or improper performance of obligations resulting from causes beyond the Service Provider’s control. The Service Provider shall not be liable for technical problems or technical limitations occurring in the computer equipment, data communications system (other than the Site and data communications systems used to provide the Services) and telecommunications infrastructure used by the User, which prevent the User from using the Site and the Service offered through it, and to which the Service Provider has not contributed in any way.
- The User acknowledges that the scope of the Services and the functionality of the Application, the Site and the Mobile Application are essentially dependent on the technical, legal and organizational conditions set by the Website operators. These conditions may be changed, which is beyond the Service Provider’s control. Accordingly, the Service Provider cannot guarantee that the scope of potential Services and the above functionalities will remain unchanged during the term of the Agreement. The Service Provider shall not be liable for the consequences of such changes in the Services resulting from changes in the terms and conditions by the Website operators, and changes in such Services for this reason shall not constitute grounds for any claims.
- SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, THAT IS, WITHOUT ANY WARRANTY OR GUARANTEE OF PERFORMANCE OR AVAILABILITY. IN PARTICULAR, THE SERVICE PROVIDER DOES NOT GUARANTEE IN ANY WAY THAT:
- THE SERVICES WILL MEET THE USER’S REQUIREMENTS;
- THE SERVICES WILL BE PROVIDED IN AN UNINTERRUPTED, TIMELY, SAFE OR ERROR-FREE MANNER;
- ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF USING THE SERVICES WILL BE TRUE AND ACCURATE;
- ERRORS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION, THE MOBILE APPLICATION, THE SITE OR ANY SOFTWARE USED TO PROVIDE THE SERVICES WILL BE RECTIFIED.
- NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH THE DESCRIPTION) SHALL APPLY TO THE SERVICES, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER’S LIABILITY FOR DAMAGE, INCLUDING DAMAGE SUSTAINED BY THE USER, IN CONNECTION WITH THE SERVICES, THE APPLICATION, THE MOBILE APPLICATION OR THE SITE IS EXCLUDED. IN PARTICULAR, IN NO EVENT SHALL THE SERVICE PROVIDER, ITS SHAREHOLDERS, SUPPLIERS, DIRECTORS, EMPLOYEES, ASSOCIATES OR ATTORNEYS BE LIABLE TO THE USER OR ANY OTHER THIRD PARTY, FOR ANY DAMAGE, LOSSES INCURRED OR BENEFITS LOST, INCLUDING, IN PARTICULAR, DIRECT DAMAGES, INDIRECT DAMAGES, NET FINANCIAL LOSSES, CONSEQUENTIAL DAMAGES (INCLUDING, FOR EXAMPLE, LOSS OF PROFITS, REVENUES, BUSINESS INTERRUPTION, LOSS OF DATA OR COMPUTER PROGRAMS, LOSS OF REPUTATION OR GOOD NAME, LEGAL FEES OR COURT COSTS), INCLUDING, IN PARTICULAR, DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM:
- USE OF THE SERVICES, THE SITE, THE MOBILE APPLICATION OR THE APPLICATION BY OR ON BEHALF OF THE USER, OR ANY FUNCTIONALITY, CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR PROVIDED AS PART OF THE SITE OR THE SERVICES;
- RELIANCE ON THE COMPLETENESS, ACCURACY OF ANY ADVERTISING OR MARKETING EFFORTS IN CONNECTION WITH THE SERVICES;
- ANY CHANGES THAT THE SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FROM PERMANENT OR TEMPORARY SUSPENSION OF THE SERVICES (OR ANY FUNCTIONALITY WITHIN THE SERVICES);
- TERMINATION OR DAMAGE TO OR LOSS OF ACCESS TO ANY CONTENT MAINTAINED OR SHARED THROUGH THE SERVICES;
- VIOLATION BY THE USER OF THE OBLIGATION TO KEEP THE DATA REQUIRED FOR LOGGING INTO THE ACCOUNT CONFIDENTIAL;
- ANY FAILURE OR INTERRUPTION OF THE SITE, APPLICATION, MOBILE APPLICATION OR SERVICES DUE TO ERRORS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION OF DATA OR OTHERWISE.
- THE EXCLUSION OF LIABILITY REFERRED TO IN THE PRECEDING PARAGRAPH APPLIES TO LIABILITY THAT MAY ARISE ON ANY BASIS, INCLUDING CONTRACTUAL, STATUTORY, TORTIOUS, INCLUDING LIABILITY FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF OBLIGATIONS. THE EXCLUSION OF LIABILITY ALSO APPLIES IF THE SERVICE PROVIDER WAS EXPRESSLY ADVISED OF OR SHOULD HAVE FORESEEN THE POSSIBILITY OF DAMAGE.
- Notwithstanding the foregoing and without prejudice thereto, the limitation of the Service Provider’s liability to the User on any basis in connection with the Agreement, the Terms and Conditions or the Services, due to events occurring in a calendar year, shall be capped to three times the average monthly Subscription Fee (or, in the case of a Subscription Period exceeding one month – on a per month basis) for the last three months preceding the occurrence of the event underlying such liability.
- The provisions of this “Liability” section shall apply to the fullest extent permitted by law.
XV. Amendments to the Terms and Conditions
- The Service Provider reserves the right to amend the Terms and Conditions for any reason upon seven (7) days’ prior notice to Users. Amendments shall become effective seven (7) days after being notified to Users, unless the User terminates the Agreement within the said time limit.
- Amendments to the Terms and Conditions may be made in particular (but not exclusively) for the following reasons:
- the need to modify the Service Provider’s IT systems;
- change in the processes of the Site, Application or Mobile Application, including modification, expansion or addition of new functionalities of the Site, Application or Mobile Application;
- modernization of the Site, Application or Mobile Application;
- change in the processes of operation of the Websites;
- bringing the Terms and Conditions, Site, Application, Mobile Application in line with legal requirements, in particular changes in law;
- legitimate comments made by Users,
- other factual, legal, business or organizational circumstances.
- Users shall be notified of amendments to the Terms and Conditions by sending an e-mail to Users with the relevant details and a link to the text of the amended Terms and Conditions, as well as by posting the relevant details on the Site and making the consolidated text of the amended Terms and Conditions available on the Service.
- A User who does not consent to the amendments to the Terms and Conditions may submit notice of termination in accordance with the requirements set forth in Article XI of these Terms and Conditions.
- Users who register during the period from the publication of amendments to the Terms and Conditions to the moment they become effective, the provisions of the existing Terms and Conditions shall apply during that period, and the provisions of the amended Terms and Conditions shall apply during the period starting from the effective date of the amendments. Such Users at the stage of Registration will be required to consent to the amendments to the Terms and Conditions. For the aforementioned reasons, such Users will not receive separate e-mail notifications of the amendments, nor will they be entitled to submit a statement of termination due to the amendments being made.
XVI. Miscellaneous Provisions
- These Terms and Conditions and the Agreement shall be governed by the laws of the State of South Carolina.
- In matters not covered by these Terms and Conditions, the relevant provisions of the law in force in the State of South Carolina shall apply.
- Any disputes between the Parties, including, in particular, disputes concerning the validity, interpretation, non-performance or improper performance of the Agreements, shall be subject to the jurisdiction of the federal and state courts in the State of South Carolina.
- An electronic version of these Terms and Conditions is available at napoleoncat.com. The User may also download the content of the Terms and Conditions from the aforementioned website and save them on User’s own data carrier.