Terms of service
The below terms and conditions govern the use of the RevTap application (“RevTap”), which has been made available by RevTap (EmailPulse Ltd). (“Company”). By using RevTap, you (“User” or “You”) expressly agree to be bound, without modification, to this Terms and Conditions Agreement (“Agreement”). If you do not agree to be bound to this Agreement, you cannot use RevTap.
Company reserves the right to change this Agreement at any time, at its sole discretion. If Company makes any changes, it will notify Users at the email address provided by each User, and it will post any such changes here. You are responsible for reviewing any such amendments. Your continued use of RevTap after posting of an amended Agreement constitutes your acceptance of any such modified terms.
As long as User has a Paid Subscription to RevTap, subject to the terms and conditions of this Agreement, User shall have access to use RevTap for the valid dates of User’s Paid Subscription. From time to time, Company may change, modify, or upgrade the functionality or appearance of RevTap, which may include the removal of functionality, content, or integrations. RevTap will be down at certain points for maintenance and upgrades. Company does not and cannot guarantee that User will have continual access.
Subject to the terms and conditions of this Agreement, Company grants User a non-transferable, non-assignable, limited, non-exclusive, revokable license to use RevTap only as permitted in this Agreement, for the term of User’s Paid Subscription. The password and login information that is assigned to User must be kept confidential, may only be used by User personally, and may not be shared, given, rented, or assigned to any other persons.
Company’s Intellectual Property.
RevTap is the property of Company and contains information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. User agrees to abide by all copyright notices and trademark restrictions.
User’s Intellectual Property.
User retains all intellectual property rights, including copyrights, over user’s own email content sent through Email Marketing tool using RevTap (“User Content”). You grant Company a non-exclusive, non-transferable (except as stated in this Agreement), world-wide, non-sublicensable, limited license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index User Content for the purpose of your use of RevTap and RevTap’s integration with the Email Marketing tools.
User may not and may not allow others to: (a) sell, rent, lease, license, sublicense, or assign use of RevTap to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from RevTap; (c) alter, modify, adapt, reconfigure, or prepare derivative works of RevTap; (d) copy, extract, summarize, distribute, or otherwise use RevTap in any manner which competes with or substitutes for Company’s distribution of RevTap to its customers; (e) use RevTap to violate the laws of any applicable jurisdiction; (f) use RevTap to abuse, defame, harass, threaten, or send illegal email; (g) use RevTap to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use RevTap to gain unauthorized access to RevTap or Email Marketing tools; or (i) use RevTap to send email that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. User will promptly notify Company if User’s RevTap account has been subject to a security breach, including disclosure of your username or password, or if User has had a security breach to any of User’s integrated Email Marketing tool.
Monthly and annual subscriptions may be paid via credit card, as specified in your RevTap account. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 10% or the maximum provided by law, whichever is less. Company shall have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in collecting overdue amounts.
Company reserves the right to terminate this Agreement and User’s rights hereunder, and to retain all sums paid by User, at Company’s sole discretion. The provisions of the Disclaimer and Limitation of Liability shall survive any termination of this Agreement.
Renewals, Refunds, and Cancellation.
Subscriptions automatically renew each month or annual on the date of annual subscription, and you agree that Company may process your credit card payment on your renewal date. You may elect to cancel your Subscription at any time by emailing support or directly through RevTap application. If you cancel your monthly Subscription within the trial period, no payments will be taken. Refunds on subscriptions past the trial and on annual subscriptions are at the discretion of the company and are not guaranteed.
Disclaimer and Limitation of Liability.
To the extent allowed by law, company does not make any warranty regarding RevTap, including, but not limited to, the materials, the software, the content, the support, and/or the documentation, or any services or products provided through or in connection with email, including integration with Email Marketing tool. RevTap is licensed to user “as-is” and “as-available,” without any warranty of any nature, express or implied, and both company and RevTap expressly disclaim any and all warranties, including, without limitation: (a) any warranties as to the availability, accuracy, or completeness of the materials, software, content, support, documentation, information, products, or services which are part of RevTap; (b) warranties of fitness for a particular purpose, merchantability, or non-infringement, and (c) any warranty that RevTap will always be available, error-free, accessible, timely, or secure. Company disclaims any liability or responsibility for user content or the behaviour of Email Marketing tools. In no event will company, its subsidiaries, affiliates, licensors, employees, agents, or contractors be liable to user for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by RevTap, the materials, the software, the content, the support, the documentation, or any errors or omissions in RevTap or the integration with Email Marketing tools, even if the company is advised of the possibility of such damages. any liability of company, its subsidiaries, affiliates, licensors, employees, agents, or contractors, including without limitation any liability for damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, hacking, tampering, unauthorized use, communications line failure, theft, or destruction or unauthorized access to or alteration of RevTap or Email Marketing tools, or use of records, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action, claims or damages, including, without limitation, damages for loss of business, business profits, business interruption, business information, data loss or corruption, or any other pecuniary loss arising out of or relating to the use of or the inability to use RevTap or Email Marketing tools, shall be strictly limited to the amount paid to company by or on behalf of user in connection with RevTap in the three (3) months prior to the claimed injury or damage. Company does not represent or endorse the accuracy, currentness, or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through RevTap including but not limited to, the materials, the software, the content, the support, and/or the documentation. user acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at user’s sole risk. Some jurisdictions do not allow for some of the limitations or exclusions as set forth herein. User may have other rights which vary from jurisdiction to jurisdiction.
It is expressly agreed by User and Company that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in United Kingdom (England and Wales). It is further agreed that a judgment upon any award rendered by an arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Choice of Law.
This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales.
The licenses and passwords granted and assigned to User pursuant to this Agreement are personal to User, and under no circumstances may be assigned, sublicensed, or transferred by User without Company’s prior written consent. Any attempted assignment, sublicense, or transfer shall be null and void and shall result in the immediate and automatic termination of the licenses and passwords granted under this Agreement. Company may assign any rights or obligations under this Agreement to any other party, without notice to you.
Warranty and Indemnification.
User represents and warrants that it will not use RevTap to send email that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property, or to send email that is in violation of any laws or regulations of any applicable jurisdictions. User agrees to indemnify Company, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by User under this Agreement and User’s use of RevTap.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
No Joint Venture.
The parties are not engaged in a partnership or joint venture. Nothing in this agreement shall be construed to place the parties in a partnership or joint venture. The parties are not authorized to obligate or bind each other, and are not agents of each other.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.
The section headings of these Terms are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
You agree that Company may provide notice to you under this Agreement via the email you provided in your User account, or by placing a banner across the web pages of the RevTap application. You agree that you are liable and responsible to keep your account information accurate and up to date.
Neither Party shall liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Company.
Terms of Service (Spin by RevTap)
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Spin by RevTap – product of RevTap to perform certain Services (the “Services”). This is a legally binding agreement between you and Spin by RevTap – product of RevTap. By becoming a Spin by RevTap Client, you agree to be legally bound by the terms and conditions set out in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to Spin by RevTap.
Spin by RevTap will provide the Services to the Client as outlined on the RevTap website.
2.1 Spin by RevTap will provide the Services to the Client in accordance with Spin by RevTap`s standard policies and procedures. Spin by RevTap reserves the right to reject the Client for any reason in Spin by RevTap`s sole discretion. Spin by RevTap will be responsible for all aspects of providing the Services.
2.2 All Spin by RevTap rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Spin by RevTap may change its rules, policies and operating procedures from time to time at its sole discretion.
Fees and Payment.
3.1 All fees for Services provided to the Client are due and payable in full, monthly in advance of the provision of the Services. A valid credit or debit card for monthly payment of fees shall remain securely on file to cover recurring charges for service.
3.2 Initial charges for the Service will be paid in advance of provision of the Services. Spin by RevTap will then charge the Client’s credit or debit card once every calendar month, following the first order date. From the date of your first payment there will be approximately 10 days before your plan commences. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. The client must give 30 days written notice to terminate any Services.
3.3 Except in the case of a material breach of this agreement by Spin by RevTap, or in the case of a refund being requested within the 20 days of an order being made (‘20 day money back guarantee’), Spin by RevTap does not issue refunds of any fees for any reason.
Spin by RevTap expressly disclaims any and all warranties regarding or related to this agreement, the Services or any materials or assistance provided to the Client, express or implied, including without limitation the warranties or merchantability, course of performance or dealing, trade practice, title, no-infringement, and fitness for particular purpose.
The Client will indemnify and hold harmless Spin by RevTap and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable solicitors fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.
Limitation of Liability.
Spin by RevTap shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if Spin by RevTap has been advised of the possibility of such damages. under no circumstances shall Spin by RevTap’s liability to the client hereunder exceed the amount paid to Spin by RevTap by the client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The client acknowledges that these limitations of liability are an essential element of the agreement between the parties and in their absence the terms and conditions of this agreement would be substantially different.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in Spin by RevTap’s sole discretion. An email communication sent to Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without Spin by RevTap`s prior written consent and any assignment by the Client without such consent shall be null and void. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.