Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES AVAILABLE AT STORAKLE.COM AND DASHBOARD.STORAKLE.COM (“Storakle” OR THE “SERVICE”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.

This is a legal agreement.

By using Storakle or signing up for an account, you’re agreeing to these Terms.

Definitions:

The Terms will refer to the terms set forth in this agreement.

Storakle (“Storakle” or the “Service”) is an analytics, customer segmentation and email automation service offered through the URLs storakle.com and dashboard.storakle.com. We will refer to this email service as Storakle or the “Service”. Storakle allows you to create lists of recipients and send email newsletters to these lists of recipients.

Customer segment is a list of recipients which you can create using Storakle and send email newsletters to.

Email is an individual message, which every recipient receives as part of an email newsletter created in Storakle.

Email campaign or email newsletter is the sending of an email through Storakle to a list of recipients.

“We” or “Us” will refer to Sevens Spikes Ltd, the company who owns and operates Storakle.

“You” or “the Subscriber” will refer to you as a customer of the Service or a representative of an entity that is a customer of the Service.

“The Website” or “our website” will refer to the website with url http://www.storakle.com.

“Pay Date” will refer to the day of each month when your monthly payment is due.

“Spam” will refer to the definition on the Spamhaus website.

 

1. Eligibility

1.1 You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.

1.2 You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

1.3 You must agree to the Terms;

1.4 Provide true, complete, and up to date contact information.

 

2. Registration and Account Terms

2.1 The Terms begins when you sign up for Storakle and continues as long as you use the Service. If you sign up for Storakle on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

2.2 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

2.3 Your login may only be used by one person – a single login shared by multiple people is not permitted.

2.4 You are responsible for maintaining the security of your account and password. You’re also responsible for any account that you have access to, whether or not you authorized the use. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You’ll immediately notify us of any unauthorized use of your accounts. We don’t have access to your current password, and for security reasons, we may only reset your password. We will never contact users requesting them to confirm their username & password or other details.

 

3. Monthly Pricing Plans

3.1 Our monthly pricing plans are posted on our website homepage.

3.2 We reserve the right to change the pricing plans at any time. We will notify all users by posting a news item on our website and by sending a newsletter to all subscribed users.

3.3 If You use the Service for any part of a month, then your payment is due for the full month.

3.4 Payments are due for any month on the same or closest date to the pay date.

3.5 If you go over your website visits limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date.

3.6 If the Terms end before that payment is due, you’ll still be required to make one payment at the higher level.

 

4. Cancellation and Termination

4.1 You many cancel your account or accounts at any time.

4.2 Cancellation can be done from the Billing page in the Storakle dashboard by clicking on the Close Account button or by emailing us at at sales@storakle.com.

4.3 We may terminate your user account and all content and materials associated with it at any time where these Terms have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

4.4 If we terminate your account without a cause, we’ll refund your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms.

4.5 Once terminated, we may permanently delete your account and all the data associated with it.

4.6 If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

 

5. Changes

5.1 We may change any of the Terms by posting revised Terms on our website and/or by sending an email to the last email address you gave us. the new Terms will be effective immediately and apply to any continued or new use of Storakle. We may change the Website, the Service, or any features of the Service at any time.

5.2 We may change the Website, the Service, or any features of the Service at any time.

5.2 Unless your terminate your account withing 10 days the new Terms will be effective immediately and apply to any continued or new use of Storakle.

 

6. Refunds

6.1 We will refund a prepaid month if we stop providing the Service to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from us under any other circumstances.

6.2 We may offer a refund if you apply for one by contacting us at sales@storakle.com.

 

7. Copyright, Trademarks, and Content Ownership

7.1 Storakle and the Storakle logo are trademarks of Seven Spikes Ltd.. All other trademarks are the property of their respective owners.

7.2 The design of the Storakle.com website and the Service are the property of Seven Spikes Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the code or the design of the Storakle.com website or the Service without the express written permission from Seven Spikes Ltd.

7.3 We claim no intellectual property rights over your online store data. Your online store data remains yours.

7.4 You represent and warrant that you either own or have permission to use all of the material in the emails your send through Storakle. You retain ownership of the materials that you upload to Storakle. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

 

8. Privacy Policy

8.1 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

 

9. Service Rules

9.1 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.

9.2 As a user of the Service you agree not to do any of the following:

– Send Spam.

– Send emails created using the Services through another service.

– Host images or content on Storakle servers or through Storakle for any purpose other than for the sending of email campaigns.

– Use the Services in any other manner that puts an excessive burden on the bandwidth of the Service.

– Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.

– use the Services to store or transmit material in violation of any third party rights, including intellectual property and privacy rights.

– Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

– Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.

– Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

– To pose as another user, third party or organization employee for the purposes of obtaining user or third party information.

– To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

– Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.

– Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

– Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.

– Adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Storakle.com, or any other Storakle service.

– Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services;

– Reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services;

– Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

9.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms of Service.

 

10. Access and Performance

10.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.

10.2 We make our best to support changes by Shopify and nopCommerce to their systems and APIs. However, we will not guarantee the immediate or timely implementation of such changes.

 

11. Disclaimer

11.1 We are not responsible for the accuracy of any content on the Service.

11.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

 

12. Limitation of Liability

12.1 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

 

13. Indemnity

13.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms whilst using the Service or any other service provided by us.

 

14. Severability

14.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

15. Waiver

15.1 Failure by us to enforce any accrued rights under these Terms is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

 

16. Jurisdiction

16.1 These Terms of Service shall be interpreted, construed and enforced in accordance with European Union law and shall be subject to the exclusive jurisdiction of the Bulgarian Courts.