TERMS OF SERVICE
(Effective as of August 1, 2017)
1. Acceptance of Terms.
In accordance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, we inform that the owner of the website www.heepsy.com is the company Gemssy Technologies, S.L. (hereafter referred to as "HEEPSY") with headquarters in Barrainkua 16, 7izq, 48009 Bilbao, Spain and Fiscal ID B95808937. The customer service email is firstname.lastname@example.org.
Gemssy Technologies SL. (“HEEPSY” or “we”) provides its Service (as defined below) to you through its web site located at https://www.heepsy.com/ (the “Site”), subject to this Terms of Service agreement (“TOS”) executed by you and HEEPSY. By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. As part of the registration process, you will identify one or more administrative user names and passwords for your account (“Account”).
HEEPSY may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your Account or by posting a notice on the Site. You can review the most current version of this TOS at any time at http://heepsy.com/terms-of-service/. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop using the Services and send a cancellation email to email@example.com.
2. Description of Service.
The “Service” includes (a) the Site, (b) HEEPSY’s services and related technologies to provide clients with in-depth audience demographics of social influencers and a host of management tools for running influencer related campaigns on social media,(c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing and (d) API access to any data provided through the Site or related sites (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. General Conditions/ Access and Use of the Service.
Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to HEEPSY. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; including without limitation, the development of a competing platform or access point for use or access to HEEPSY data, (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks, or (d) store on any network, hard drive, computer or cloud-storage any data or information obtained from the Services or the Site for any period of more than 14 days. You shall comply with any codes of conduct, policies or other notices HEEPSY provides you or publishes in connection with the Service, and you shall promptly notify HEEPSY if you learn of a security breach related to the Service.
Any software that may be made available by HEEPSY in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by HEEPSY for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of HEEPSY or any third party is granted to you in connection with the Service.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”).
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. HEEPSY reserves the right to access your account in order to respond to your requests for technical support and to investigate suspicious activity. By providing Your Content through the Service, you hereby do and shall grant HEEPSY a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. HEEPSY has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that HEEPSY may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to HEEPSY’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. HEEPSY will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. HEEPSY has no control over such sites and resources and HEEPSY is not responsible for anything contained therein or any result from use thereof. You further acknowledge and agree that HEEPSY will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that HEEPSY is not liable for any loss or claim that you may have against any such third party.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in HEEPSY’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
The failure of HEEPSY to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and HEEPSY, even though it is electronic and is not physically signed by you and HEEPSY, and it governs your use of the Service.
HEEPSY reserves the right to use your name and/or your business name as a reference for marketing or promotional purposes on HEEPSY’s website and in other communication with existing or potential HEEPSY customers. You further agree that if you are using the API Services, you will place the HEEPSY logo or company name in a visible spot on your website homepage and anyplace where HEEPSY data is displayed, unless otherwise agreed by separate agreement. To decline HEEPSY this right you must email firstname.lastname@example.org stating that you do not wish to be used as a reference or do not wish to credit HEEPSY as a source for API data. Unless otherwise provided in a separate agreement, HEEPSY reserves the right to terminate your access to the Services for violation of this section.
Subject to the terms hereof, HEEPSY may but has no obligation to provide technical support services, through email in accordance with our standard practice.
You acknowledge that HEEPSY may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on HEEPSY’s servers on your behalf. You agree that HEEPSY has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that HEEPSY reserves the right to terminate accounts that are inactive for any period of time. You further acknowledge that HEEPSY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device and the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding HEEPSY and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
The Services contain data aggregated by HEEPSY from multiple sources. However, the nature of the data and the collection processes limits the ability to independently verify and/or validate the data and all data is subject to change at any time without notice. Neither HEEPSY nor its data sources warrant the comprehensiveness, completeness, accuracy or adequacy of the data for any purpose. HEEPSY, its sources and their directors, employees, contractors, and agents disclaim all warranties, expressed or implied, as to any matter whatsoever and shall not be responsible for any loss or damage that may directly or indirectly arise as the result of the use of the data contained in the Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to provide HEEPSY information regarding your credit card or other payment instrument. You represent and warrant to HEEPSY that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay HEEPSY the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize HEEPSY to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let HEEPSY know within sixty (60) days after the date that HEEPSY invoices you. We reserve the right to change HEEPSY’s prices. If HEEPSY does change prices, HEEPSY will provide notice of the change on the Site or in an email to you, at HEEPSY’s discretion, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. HEEPSY may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by HEEPSY thirty (30) days after the mailing date of the invoice, or the Services may be terminated. You shall be responsible for all taxes associated with Services other than U.S. taxes based on HEEPSY’s net income.
5. Free Trials.
From time to time, HEEPSY may offer free trial access to the Services for first time users of the Site (the “Free Trial”) for some period of time. The Free Trial is strictly for use by first-time users to test the product and cannot be used for commercial purposes. At the end of the Free Trial, you will no longer have access to any data or account details and HEEPSY may terminate the Free Trial at any time with or without notice to you. Attempts to manipulate the Free Trial for commercial use by signing up under different account names or email addresses will be flagged and removed. Generating reports, derivative data or other presentations to third parties for commercial gain during any Free Trial period is a serious violation of HEEPSY’s intellectual property rights and will subject the violator to fines and potential legal action.
6. Representations and Warranties.
You represent and warrant to HEEPSY that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow HEEPSY to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and HEEPSY’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You have the right to terminate your account at any time by sending a cancellation request to info@HEEPSY.com. Subject to earlier termination as provided below, HEEPSY may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, HEEPSY may also terminate this TOS immediately if you breach any of the terms or conditions of this TOS. HEEPSY reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason at all and may do so without notice in case of your breach of the TOS or any other agreement between you and HEEPSY. All of Your Content on the Service (if any) may be permanently deleted by HEEPSY upon any termination of your account in its sole discretion.
8. DISCLAIMER OF WARRANTIES.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by HEEPSY or by third-party providers, or because of other causes beyond our reasonable control. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HEEPSY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HEEPSY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HEEPSY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HEEPSY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, HEEPSY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against HEEPSY, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the HEEPSY Services. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You shall defend, indemnify, and hold harmless HEEPSY from and against any third-party claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. HEEPSY shall provide notice to you of any such claim, suit or demand. HEEPSY reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting HEEPSY’s defense of such matter.
11. Intellectual Property.
You acknowledge and agree that the copyright and any other intellectual property rights to any data and/or information obtained by using the Services (“HEEPSY Data”) is and shall remain with HEEPSY. You acknowledge that such HEEPSY Data, regardless of form or format, is proprietary to HEEPSY, including (a) works of original authorship such as compiled information containing HEEPSY’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential or trade secret information; and (c) information that has been created, developed and maintained by HEEPSY at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm HEEPSY. You shall not commit or permit any act or omission by your agents, employees or any third party that would impair HEEPSY’s proprietary and intellectual property rights in HEEPSY Data. You agree to notify HEEPSY immediately upon obtaining any information regarding a threatened or actual infringement of HEEPSY’s rights.
You may not assign this TOS without the prior written consent of HEEPSY, but HEEPSY may assign or transfer this TOS, in whole or in part, without restriction.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind HEEPSY in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given once sent.
Information We Collect:
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable Data: When you interact with HEEPSY through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. HEEPSY may store such information itself or such information may be included in databases owned and maintained by HEEPSY affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
We use local shared objects, also known as Flash cookies, to display content based upon what you view on our site to personalize your visit. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, HEEPSY often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and HEEPSY may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. HEEPSY may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Location Information: Our Service may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Service. Please keep in mind that other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location functionality. We may also use your location information in an aggregate way, as described above in the “Aggregated Personal Data” section.
Our Use of Your Personal Data and Other Information:
Our Disclosure of Your Personal Data and Other Information:
HEEPSY is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties: HEEPSY, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: HEEPSY may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of HEEPSY, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
Links to other Sites:
Integrating Social Networking Services:
You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Networking Services you have enabled will be able to view such activity.
HEEPSY takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to HEEPSY via the Internet.
Access to Information;
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.
You may contact us as follows: email@example.com