Terms and Conditions
Introduction
These terms and conditions (hereafter referred to as "Terms") apply to your access to and use of the platform, app, and online products and services (collectively, the "Service") provided by FeedMyFeeds SL. ("FeedMyFeeds," "we," or "us").
By downloading, accessing or using the Service, you agree to be bound by these Terms and Conditions of Use.
FeedMyFeeds may change these Terms at any time. If the Terms are updated, we will send you a notification and ask you to accept the new Terms the first time you use the Service. You agree that these Terms and possible changes are legally binding.
If you disagree with these Terms or any part hereof, you may not use the Service.
Use of the Service
- To use the Service, you must register for an account ("Your Account") for which you will choose or be given a password. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. User accounts are strictly personal and individual and sharing Your Account with other individuals is not allowed. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
- If you subscribe to the Service on behalf of a company, you represent to FeedMyFeeds that you have the authority to legally represent that company and that your acceptance of this Agreement will be treated as acceptance by that company. You further agree that FeedMyFeeds may use the name and logo of that business on our website and other promotional material as a customer of the Service.
- As long as you comply with this Agreement, FeedMyFeeds grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
- You may not use the Service to disseminate any unlawful or other objectionable material, or to harm others or the Service itself. For example, you must not: (i) use the Service to harm, threaten, or harass another person, organization, or FeedMyFeeds; (ii) damage, disable, overburden, or impair the Service; (iii) resell or redistribute any part of the Service or access to the Service, including the sale or purchase of an Account; (iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service; (v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by FeedMyFeeds, or meta searching) to access or use the Service, or to copy or scrape data from the Service; or (vi) obtain (or try to obtain) any data from the Service, except the data that we intend to make available to you.
User Content
- By using the Service, you grant FeedMyFeeds a worldwide, irrevocable, non-exclusive, royalty-free license to use all material (including without limitation text, images and other visual material, collectively "User Content") you upload or post to the Service. The content as provided will not be shared with third parties except for the parties you choose. You hereby acknowledge that all content posted to the Service is already publicly available.
- You may not upload or post to the Service any User Content that includes material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submission to the Service.
- FeedMyFeeds does not claim ownership of the User Content. FeedMyFeeds reserves the right to edit or remove any User Content you upload or post to the Service; however, we do not control or verify the User Content that you upload or post, nor do we monitor it.
- You understand that FeedMyFeeds may need, and you hereby grant FeedMyFeeds the right to use, modify, adapt, reproduce, distribute, publish and display any User Content posted on the Service. These rights apply exclusively to the extent necessary for the operation of the Service.
- You control who may access your User Content. When you give others access to your User Content on the Service, you grant them a free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate such User Content solely in connection with the Service.
- You are responsible for backing up the User Content that you store on the Service. FeedMyFeeds may permanently delete your User Content if your access to the Service is suspended or canceled and has no obligation to return it. User Content that is deleted may be irretrievable.
- You are responsible for ensuring that your catalog has been generated correctly through the FeedMyFeeds tool before using it on third-party platforms (e.g. Facebook) every time the catalog is generated or updated.
- User Content that violates these Terms or your local laws is not permitted on the Service. FeedMyFeeds
reserves the right to remove content at any time and for any reason, including if:
- you breach these Terms;
- the User Content exceeds limits on storage or file size; or
- we cancel or suspend your access to the Service.
- You agree that FeedMyFeeds is not responsible for any product or professional service displayed within the Service that originates from a source other than FeedMyFeeds. All matters relating to third-party products or services are exclusively between you and those third parties.
Payment
- All functionalities and features of the Service are paid (collectively, "Functionalities"). You agree to pay the associated charges within 30 days after the billing date. We may suspend or cancel your access if payment is not received on time.
- When you use Functionalities from us, you agree that we may begin to provide them immediately. You will not be entitled to a cancellation or "cooling off" period, except where required by law. Payment for Functionalities is non-refundable.
- To pay for Functionalities, you will be asked to provide a payment method at sign-up. You agree to keep your billing account information current at all times.
- By providing FeedMyFeeds with a payment method, you: (i) represent that you are authorized to use the payment method provided and that all payment information is true and accurate; (ii) authorize FeedMyFeeds to charge you for the Functionalities using your payment method; and (iii) authorize FeedMyFeeds to charge you on a recurring basis. We will bill you in advance of each billing period.
- We will provide you with an invoice via email. If we make an error on your bill, you must notify us within 30 days after the error first appears. We will then promptly investigate the charge. Errors not reported within 30 days release us from all liability regarding that charge.
- Subscription to our Service is renewed automatically each billing period. To stop your subscription, you must cancel before the next billing date to avoid being billed for the renewal. In case of cancellation or account deletion, you will not be given any refund.
- FeedMyFeeds may change the price of the Functionalities at any time and will notify you by email at least 15 days before the change. If you do not agree, you must cancel before the change takes effect.
- You must pay all reasonable costs incurred to collect any past due amounts, including attorneys' fees and other legal costs.
- Your right to any payment due to you under the Service is conditioned upon promptly providing all information we request. You are responsible for the accuracy of that information and for any applicable taxes and charges. If you receive a payment in error, we may reverse or require its return.
Intellectual Property Rights
- All information, documents, graphics, logos, designs, images, videos, interactive features, text or other content accessible on the Service (the "Materials") are protected by copyright, trademarks, database rights and other intellectual property rights owned by or licensed to FeedMyFeeds. Unless you have permission from the owner, you agree not to download, reproduce, modify, alter or enhance any of the Materials.
- FeedMyFeeds owns and retains all proprietary rights to the Service and all associated copyrights, trademarks, service marks, brands and patents. You may not use, modify, remove or otherwise infringe any such proprietary intellectual property.
- By agreeing to use the Service you agree to receive newsletters, alerts, promotional and other emails from FeedMyFeeds. You may unsubscribe from these mailing lists at any time via the Service.
Disclaimers of Warranty
FEEDMYFEEDS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR THAT TRANSMISSION OF DATA WILL OCCUR AT ANY MINIMUM SPEED, OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FEEDMYFEEDS DOES NOT WARRANT THAT ANY CONTENT ASSOCIATED WITH THE SERVICE IS ACCURATE OR ERROR-FREE OR THAT ITS USE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ASSOCIATED WITH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEEDMYFEEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Privacy and Security
- We are committed to protecting your privacy and security. All personal data we collect will be processed in accordance with our Privacy Policy, which is incorporated into these Terms by this reference. By using the Service, you consent to your personal data being used and processed in accordance with our Privacy Policy.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) ANY USER CONTENT OR OTHER MATERIALS ON THE SERVICE; (C) PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU IN THE LAST TERM, AND IN NO EVENT EXCEED ONE THOUSAND EURO (€1,000.00). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE.
Third Party Links
- The Service may contain links to independent third-party websites, products or services ("Third-Party Sites, Products and Services"). Access to these is provided solely as a convenience and they are not under FeedMyFeeds's control. FeedMyFeeds does not endorse their content, advertising, products or services. FeedMyFeeds is not responsible or liable, directly or indirectly, for any damage or loss caused by your use of or interaction with any Third-Party Sites, Products and Services.
Indemnification
- You hereby indemnify FeedMyFeeds and undertake to keep FeedMyFeeds indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
Termination
- FeedMyFeeds may, at its sole discretion and without prior notice, terminate your account or block your future access to the Service if you violate this Agreement. FeedMyFeeds may also suspend or terminate a free Account that has not been accessed for ninety (90) or more consecutive days, providing at least seven (7) working days' prior notice.
- You may terminate your access to the Service at any time. Upon termination: (i) Your Account may be canceled or suspended and your credentials deactivated; (ii) all User Content uploaded by you shall be removed from the Service.
- Termination of your Account shall not relieve you of any payment obligations that arose prior to termination, or any other obligations pursuant to any agreement not specifically terminated.
Miscellaneous
- All terms and conditions of these Terms which are destined to survive the duration or termination of the agreement between the Parties shall so survive.
- These Terms constitute the final and complete expression of the Parties' agreement with respect to the subject matter herein and supersede all prior agreements.
- Your use of the Service does not give you any authority to act as an agent, legal representative or employee of FeedMyFeeds or any third party, and you agree not to represent otherwise.
- FeedMyFeeds may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under these Terms.
- These Terms shall be governed by and construed in accordance with the laws of Spain. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Spanish courts.