Terms & Conditions
Last Revised: January 8th, 2020
These Terms govern the use of the websites and online services owned and operated by Cybba Inc. (“Cybba”, “we”, “us”, or “our”), including the website www.cybba.com (the “Site”), and the services provided via the Site (the “Services”). By using the Sites and/or Services, you confirm that you agree to become bound by these Terms and that you agree to comply with them. If you do not agree to all the Terms, you may not access the Site or use the Services.
Modifications of Terms
Amendments to these Terms can be made and effected by us from time to time without specific notice to your end. The Terms posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site. Any such changes are binding on you.
Use of the Services
Our Services provide e-commerce sales conversions of visitors on our client’s website. You may use the Site and Services for lawful purposes only, but in no event shall you use such:
- If you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our Site, Services, or tools.
- To collect information about users’ personal information, including any information defined under EU data protection laws as Personal Data.
- To post false, inaccurate, misleading, defamatory, or libelous content.
- In any way that violates these Terms or any applicable law or regulation or has any unlawful or fraudulent purpose or effect.
- To engage in any way in unlawful, unsolicited or unauthorized advertising or promotional material or similar solicitation.
- To introduce malicious programs into Cybba’s network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) or attack our Site via a denial-of-service attack or a distributed denial-of service attack.
In addition, you agree:
- Not to attempt to gain unauthorized access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services.
- Protect the confidentiality of your account and password. You must immediately notify us of any unauthorized use of them or any other breach of security.
- To comply with all applicable laws, statutes and regulations concerning your use of our Services.
- Not to reproduce, duplicate, copy or re-sell our Site or Services or any portion thereof in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt any part of our Site or Services, including any equipment or network used to store or provide such.
- Not to access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security or authentication measures of Cybba’s Site or Services (including, without limitation, any equipment or network storing such, any software used to provide such, or any equipment or network or software owned or used by any third party).
Your account and password
By using our services, you warrant that you are at least 18 years old. When you register an account for our services, you will be asked to provide information about yourself. Such information should be true and accurate and you should ensure it is kept up-to-date.
If you choose to use our services and register as a user, you will be provided with a user identification code and password. You may also be required to provide further information as part of our security procedures. You must treat any such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Term and Termination
These Terms will remain in full force and effect while you use our Services. You may terminate your Service with us at any time. You may discontinue use of our Services by removing our code from your website. We may terminate our Service to you for any reason at any time. Even after your Service is terminated, certain sections of these Terms will remain in effect. We reserve the right at our sole discretion to determine whether there has been a breach of these Terms through your use of our Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND SITE ARE PROVIDED BY CYBBA ON AN “AS IS, AS AVAILABLE” BASIS, CYBBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SERCURITY OR FITNESS FOR A PARTICULAR PURPOSE. CYBBA MAKES NO GUARANTEES THAT YOUR USE OF THE SITE OR SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE OUR SERVICES OR SITE OR ANY PART OF IT AT ANY TIME. CYBBA SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBBA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
CYBBA DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL BE UNINTERUPTED OR OPERATE ERROR-FREE OR THAT ITS SERVICE, SITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. IF THE USER`S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CYBBA IS NOT RESPONSIBLE FOR THOSE COSTS. WHEN YOU USE OUR SERVICES OR SITE, YOU UNDERSTAND AND AGREE THAT SUCH USE IS AT YOUR OWN RISK.
CYBBA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CYBBA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CYBBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You agree to indemnify and hold Cybba (and its partners, affiliates, directors, officers and employees) harmless, from and against any claim or demand (including reasonable legal fees) arising from any violation by you of these Terms. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at our expense.
Intellectual Property Rights
You hereby acknowledge that Cybba is the owner or licensee of all rights, titles and interests, including but not limited to rights covered by the intellectual property rights (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software), in and to our Site and Services. All rights not expressly granted under these terms are reserved by Cybba.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
You may not use any data mining, robots, web-crawlers or similar data gathering or extraction tools with respect to the Site or Services. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any part of the Site or Services for any public or commercial purpose.
You agree not to disclose information you obtain from us. All information submitted to by an end-user customer is proprietary information of Cybba.com and its licensees. Such End User Data is confidential and may not be disclosed. Publishers agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Cybba subscriptions, advertising, and retargeting are non-refundable and Cybba is not obligated to provide you a refund at any time. We may, at our discretion, provide credits toward future subscription, advertising, or retargeting charges on a case-by-case basis.
Data Rights and Retailer Privacy
EU/EEA Data Processing
To the extent that Cybba processes any Personal Data as part of the Data that is subject to the General Data Protection Regulation (the “GDPR”), on your behalf, in the provision of the Services hereunder, the terms of the Cybba Data Processing Agreement, which are hereby incorporated by reference, shall apply. If you are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Cybba Inc., which provide adequate safeguards with respect to the Personal Data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply. You acknowledge in all cases that Cybba acts as the data processor of the Data and you are the data controller of the Data under applicable data protection regulations in the European Union and European Economic Area. You will obtain and maintain any required consents necessary to permit the processing of the Data under this Agreement.
Third party sites and linked content
You consent to receiving electronic communications from us and represent and warrant that the recipient of every electronic communication sent in connection with your use of our Site and Services has agreed to receive such and that you shall not use the Site or Services to send unlawful, unsolicited electronic communications.
Governing Jurisdiction of the Laws of Massachusetts
These Terms shall be governed by and construed in accordance with the substantive laws of Massachusetts, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Massachusetts, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
Any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.
In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
Short Message Service (SMS)
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive at least 1 message per opt-in(messaging frequency may vary).If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
If there are any questions regarding this our Terms, you may contact us at firstname.lastname@example.org.