By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
1. Description of Service
1.1 - . The services provided by Unamo in the "Site" and consist of three unique marketing analytics tool, Unamo SEO analytics, Unamo Social Media analytics, and Unamo Web Analytics and and include other services and tools offered by Unamo from time to time which you have selected and which are subject to supplemental terms (together the “Services”). Unamo also offer a "service" for on-demand Positionly SERP API for desktop and Mobile. The other services provided to You through the Site based on the plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the Site, or developed via the Positionly (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
1.2 - The Service may also include basic or expanded support based on the Service plan purchased. Positionly does its very best to make the Service available as detailed in the applicable Service plan, except for: (a) planned downtime (of which You will be notified in advance), or (b) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.
1.3 The Services, together with the www.unamo.com website and domain name and any other linked pages, features, content, or application services offered from time to time by Unamo (collectively, the “Website”), are owned and operated by Positionly. Subject to the terms and conditions of this Agreement, Unamo hereby grants you a non-exclusive license, with no right to sublicense, to copy and install certain Unamo code on a website you own, control or operate, for the sole purpose of using the Services in connection with such websites. Unamo may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Unamo Content (as defined below). Unamo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. Unamo Content
2.1 - The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Unamo Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Unamo Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Unamo Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
2.2 - You may download or copy the Unamo Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Unamo Content. You shall not store any significant portion of any Unamo Content in any form. Copying or storing of any Unamo
Content other than personal, noncommercial use is expressly prohibited without prior written permission from Unamo or from the copyright holder identified in such Unamo Content’s copyright notice. If you link to the Website, Unamo may revoke your right to so link at any time, at Unamo’s sole discretion.
3. Your Content
3.1 - In the course of using the Services, you may provide information which may be used by Unamo in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to Unamo or in connection with the Services (collectively, “Your Content”), Unamo hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with Unamo’s provision of the Services. For clarity, the foregoing license grant to Unamo does not affect your ownership of or right to grant additional licenses to the material in Your Content.
3. Data Privacy and Security
3.1 In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for certain external third party integrations that do not support encryption, which You may link to the Service at Your choice.
4. Billing, Plan Modifications and Payments
4.1 - General. The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected 4subscription term (generally monthly, semi-annually or annually). If You do not provide Your credit card or other payment information to Positionly before the expiration of any free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate.
4.2 - Auto renew. Your subscription will renew automatically based on Your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of Your subscription. All subscriptions will automatically renew at the end of Your subscription period until cancelled by You. You will not receive further notice of auto-renewal.
4.3 - Upgrading. If You choose to upgrade Your plan or number of agents during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, You will be charged the adjusted rate on Your next billing cycle. If You are on a monthly billing cycle, You will not see a prorated charge or credit in the current month, but Your new billing rate will be reflected on Your next monthly bill. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Positionly does not accept any liability for such loss. Positionly reserves the right to contact You about special pricing if You maintain an exceptionally high number of end-users, an unusually high monthly ticket ratio per agent, an unusually high level of open tickets or other excessive stress on the service.
4.5 - Payment method. A valid credit card is required to subscribe to the service. Positionly bills You through a secure online account for use of the service. We have an SSL certificate that prohibits Your sensitive credit card information from being intercepted. Your complete billing information is not stored on Positionly servers.
5.1 - Positionly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Positionly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Money back guarantee & refund policy
6.1 - We do not generally refund cancelled contracts. For example, if Your contract is monthly and You request a refund after two days, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, or overage charges. In case of AUP violations, any and all refunds are forfeit.
7. Access to the Service
7.1 - You represent and warrant to Unamo that: (i) you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
8. Refusal of Service
8.1 - We reserve the right to refuse, cancel or suspend service, at our sole discretion.
9.1 - Positionly, Inc. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if Positionly site was functioning. Certain services provided by Positionly, Inc. are resold. Positionly, Inc. holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Positionly, Inc. sees fit.