Welcome to Observify Ltd (the “Company”). The Company Services (as defined below) available through the Company's Website at www.observify.com (the “Website”) is an online platform that provides certain social media engagement, analytics and monitoring services to our subscribers/ clients. By using the Services, you personally, or if on behalf of the entity entering into this Agreement, that entity (you and the entity, each a “User”, Paid User or Free User) agree to and are subject to the following terms and condition for the Services (the “Agreement”). If you do not fully agree to the terms of this Agreement, you are not authorized to access or otherwise use the Services. If the parties have entered into a written and pen-signed license agreement regarding the subject matter hereof, that agreement will supersede this Agreement to the extent of any conflict. Capitalized terms are generally defined in this page.
In case you are located in the United States this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Observify Ltd is also mentioned as "Observify", "we" or "us".
These Terms & Conditions govern any and all uses of the Services. They are provided to Paid/ Free Users at the time of the Services’ subscription and are available at any time. Users acknowledge having read and understood the Terms & Conditions and hereby accept to be bound by them. The Terms & Conditions shall prevail over any other contractual document issued by Users. Observify reserves the right, at its discretion, to modify the Terms & Conditions at any time by posting a notice through the Services, or by sending Users a notice via email. Users shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services following such notification constitutes Users' acceptance of the modified Terms & Conditions.
The capitalized terms shall have the definition given to them below or in the T&C and could potentially used as a reference in future updates of this page and/ or documentation:
Observify is a SaaS (Software as a Service) thus a local installation is not needed in order to use Observify. However, the latest versions of the most popular browsers (Internet Explorer, Firefox, Chrome, Safari etc.) are recommended for the optimal use of Observify. Observify owns the rights to stop supporting older versions of browsers and the rights to release a software that requires a local installation in the future.
Observify owns the copyright and ownership of the source code, data and technical material related to the Software. All rights in and to the Company Property not expressly granted to the Paid User are reserved by the Company and its suppliers.
Observify is available 24/7 every day with the exception of break for technical maintenance. In case of service/ maintenance, the customer will be informed in advance. If any operational problem should occur any time other than 08.00 to 18.00 during weekdays, the problem will be managed the next available weekday.
For technical support related issues, the respective department and/ or the customer’s contact person should be contacted and informed accordingly.
The Company has the right to use the User’s name for marketing related purposes.
1. Term of Agreement:
This Agreement commences on the earlier of the date User accepts this Agreement or first uses the Services and continues for a period of 12 months, or for such period of time as agreed in the Agreement between Observify and the User. After the expiration of the Initial Term, this Agreement may be renewed by mutual agreement for successive 1 year terms, or such other period of time as mutually agreed to in the applicable Agreement between Observify and the User. If User elects to use the Services for a free trial period (when applicable) and does not purchase a subscription before the end of that period, this Agreement will terminate at the end of the free trial period.
2. Termination for Cause:
Company may cancel, suspend or block your use of the Company Property without notice if there has been a breach of this Agreement by User. User’s right to use the Company Property will end once User’s Account has been terminated, and any data that User may have stored on the Website or Services,may be unavailable later, unless Company is required to retain it by law. User may terminate its Account at any time. Company is not responsible or liable for any records or information that is made unavailable to User as a result of User’s termination of its Account. USER AGREES THAT COMPANY WILL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY TERMINATION OF USER’S ACCESS TO THE COMPANY PROPERTY. User’s payment obligations and Sections IV, VII, VIII, IX, X, XI and XII shall survive the termination of this Agreement.
1.Observify Ltd's liability - Paid Plans
Observify Ltd warrants that:
As consideration for the providing of the Services for free (when applicable), Observify Ltd gives no warranty, whether implied or express, to Free Users. Observify Ltd may not be held liable for interruption of the Services and/ or technical issues.
3. Observify Ltd's disclaimer for Paid Plans and Free Plan (when applicable)
To the maximum extent permitted by applicable law, the services as provided by the Company are provided and licensed "as is" without warranty of any kind, either expressed or implied. The Company does not guarantee that the use of the services will be uninterrupted or error free. The Service(s) maybe be changed, amended, and/or otherwise altered at any time in the Company's sole discretion. The Company does not exercise any control over Third-Party Content and Websites and has no control over them. Similarly, the Company does not control links to Third-Party Websites. Third-Party Content is provided to Users "as is" to facilitate their web browsing. The Company takes no responsibility and assumes no liability for any Third-Party Content that Users post or transmit using the Services. Users understand and agree that they may be exposed to Third-Party Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to their purpose. If Users access any Third-Party Websites or Third-Party Content from the Services, they do so at their own risk and agree that the Company will have no liability arising from their use of or access to any Third-Party Websites or Third-Party Content.
4. Users’ liability, disclaimer and warranties applicable for Paid Plans and Free Plan(when applicable)
Users agree that:
Users shall be responsible for:
Users shall indemnify and hold the Company (and its affiliates and subsidiaries, and its and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of their breach of the T&C, their improper use of the Services or their breach of any law or the rights of a third-party. In no event shall either party be liable to the other party under the T&C for any indirect damages, including without limitation damages for lost data or lost profits.
The T&C are governed by Cypriot law (Law of Cyprus). The effective date of the T&C is [May, 2015]. To the extent any translated version of the T&C conflicts with the English version, the English version shall prevail. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LARNACA COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL DISPUTES ARISING OUT OF THE VALIDITY, INTERPRETATION, EXECUTION AND/OR BREACH OF THE T&C AND OF THE SERVICE, REGARDLESS OF PLURALITY OF DEFENDANTS OR INDEMNIFICATION PROVISIONS.
For any request, Users may write to Observify's email or address found on our contact page.
Users may report abuse, harassment, inappropriate Third-Party Content, privacy complaints or more generally any violation of the law by a third-party by sending a notification to company-address with the following information:
2. Force Majeure
Neither Party shall be liable to the other Party for any failure or delay in performance caused by reasons beyond its reasonable control to the extent the occurrence is caused by fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters, regulation or acts of any civilian or military authority or act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third parties.
3. Severability, no waiver, invalidity
4. Relationship of Parties
The T&C are not intended to create a relationship such as a franchise, joint venture, agency, or employment relationship. Neither Party may act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other Party.Last updated: 12th of September 2016