Terms of Service

THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN ACCESS TO AND USE OF SERVICES. BY ACCESSING OR USING AppSatori s.r.o. WEBSITES AND SERVICES, YOU ACCEPT OR AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE AppSatori s.r.o. SERVICES.

THESE TERMS WERE LAST UPDATED ON MAY 24, 2018 AND ARE EFFECTIVE AS OF MAY 25, 2018.

Agreement

These Terms of Service (these “Terms”) are made by and between the party on whose behalf they are accepted (“Customer”) and AppSatori s.r.o. and are effective as of the date they are accepted by Customer. “AppSatori s.r.o.” (“we”, “us” or “our”) means AppSatori s.r.o. incorporated and registered in Czech Republic, company  number 24835528 whose registered office is at Jankovcova 1037/49, 17000 Prague, Czech Republic. The complete agreement including these Terms (the “Agreement”) is made for the purpose of granting Customer access to SignatureSatori (https://signaturesatori.com), support and other related services (the “Service”).

Services

Use of the Service

Subject to these Terms, AppSatori s.r.o. grants Customer and its users, where users are individuals affiliated with Customer who utilize any of the Customer’s G Suite https://gsuite.google.com accounts (“User/s”) a non-exclusive, non-transferable, non-sub-licensable license to use the Service to:

  1. manage email signatures, collect, store and organize User and Customer contact data for purposes of email signatures, create and modify signature Templates, create and modify Marketing campaigns, merge data with Templates and campaigns into personalized email signature and set the signature to User, grant administrative rights to User, and use other functionality available in the application’s user interface;
  2. modify and delete all data submitted by or on behalf of Customer (“Customer Data”);
  3. customize the standard features of the Service;
  4. receive reasonable help and guidance from us regarding the use of the Service.

Technical Support

AppSatori s.r.o. shall provide reasonable technical support to Customer and its authorized User at the reasonable request of the Customer. AppSatori s.r.o. shall respond to enquiries of support from a Customer utilizing the contacts set forth below as soon as reasonably possible.

The contacts for all enquiries of support are:

  1. in-app chat, or
  2. e-mail: support@signaturesatori.com

Modifications to Service

AppSatori s.r.o. reserves the right to modify the Service or any part or element thereof from time to time without prior notice, including, without limitation:

  1. rebranding the Service at its sole discretion;
  2. ceasing providing or discontinuing the development any particular Service or part or element of the Platform temporarily or permanently;
  3. taking such action as is necessary to preserve AppSatori s.r.o.’s rights upon any use of the Service that may be reasonably interpreted as violation of AppSatori s.r.o.’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

As applicable, Customer may be notified of such modifications when logging in to the Service.

AppSatori s.r.o. shall not be liable to the Customer or to any third person for any modification, suspension or discontinuance of the Service, or any part or element thereof.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AppSatori s.r.o. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AppSatori s.r.o. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide AppSatori s.r.o. with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize AppSatori s.r.o. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, AppSatori s.r.o. may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

In the event Customer terminates the Subscription before the end of the Billing Cycle AppSatori s.r.o. will not provide any refund of the Subscription fee.

Free Trial

AppSatori s.r.o. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by AppSatori s.r.o. until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, AppSatori s.r.o. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

AppSatori s.r.o., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

AppSatori s.r.o. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions or Purchases may be considered by AppSatori s.r.o. on a case-by-case basis and granted in sole discretion of AppSatori s.r.o..

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service (i.e. sign in with G Suite account using OAuth 2.0).

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of AppSatori s.r.o. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Czech Republic and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AppSatori s.r.o..

Links To Other Web Sites

Our Service may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. Unless otherwise specifically and explicitly indicated, AppSatori s.r.o.  does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, AppSatori s.r.o. make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Publicity

AppSatori s.r.o. may use Customer’s name, website URL, and/or logo (the “Marks”) on its website, customer or vendor list (as applicable) or other marketing materials to refer to the relationship between the parties pursuant to this Terms. All such use shall be in accordance with Customer’s usage policies and guidelines if provided in writing to AppSatori s.r.o.. If Customer objects to any such use or wishes to revoke its permission to use its Marks hereunder, AppSatori s.r.o. shall cease any such use promptly after receiving notification. Neither party’s use of the other party’s Marks implies or confers any endorsement by either party.

Protection of Personal Data

To the extent AppSatori s.r.o. processes any Personal Data (as defined in the DPA) contained in Customer Data on behalf of Customer, the terms of the Data Processing Agreement https://signaturesatori.com/dpa/ (the "DPA"), which are incorporated herein by reference, will apply and the parties agree to comply with such terms provided, however, that if Customer and AppSatori s.r.o. have previously entered into a separate General Data Protection Regulation (EU) 2016/679 compliant data processing agreement or addendum, the terms of such existing data processing agreement or addendum will continue to apply unless the parties expressly agree to replace with this DPA by signing this DPA.

Please refer to our Privacy Policy (https://signaturesatori.com/privacy-policy/) for details on our privacy practices through the use of the Service. Our Privacy Policy (https://signaturesatori.com/privacy-policy/) is an integral part of this Agreement. By using the Service, you acknowledge that you may collect information which is considered as being personal information, under applicable laws.

Termination

You may terminate this agreement at any time by requesting your account to be deactivated and deleted.

We may terminate or suspend your account immediately if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Deletion

Customer shall export or take copies of any Customer Data required before the date of termination. In the event that Customer wishes for Customer Data to be deleted immediately after termination, they may contact the support to request data to be deleted. AppSatori s.r.o. will action this request within 5 working days subject to validation of the request authorisation.

We will otherwise retain Customer Data for 60 days after termination after which all Customer Data may be deleted by AppSatori s.r.o.

Limitation of Liability

You agree that AppSatori s.r.o. shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if  AppSatori s.r.o. has been advised of the possibility of such damage. In no event shall AppSatori s.r.o.’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such service.

Force majeure

Neither party shall be liable for delay and damage caused by an impediment beyond the party’s control and which the party could not have reasonably taken into account at the time of conclusion of the agreement and whose consequences the party could not reasonably have avoided or overcome. Such force majeure events shall include, if not proven otherwise, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action. A strike, lockout, boycott and other similar industrial action shall also be considered, if not proven otherwise, a force majeure event when the party concerned is the target or a party to such an action.

A force majeure event suffered by a subcontractor of a party shall also be considered a force majeure event in relation to the party if the work to be performed under subcontracting cannot be done or acquired from another source without incurring unreasonable costs or significant loss of time.

Each party shall without delay inform the other party in writing of a force majeure event and the termination of the force majeure event.

Indemnification

You agree to defend, indemnify and hold harmless AppSatori s.r.o. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses (actual and potential), liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Services, including any data or Content transmitted or received by you, any other party’s access or use of the Services within your Account, or your violation of these Terms, applicable law, rule or regulation.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Czech Republic, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service or contact us for different resolution.