Terms of Service for ConvertDeck

Welcome to ConvertDeck! These Terms of Service ("Terms") govern your access to and use of the ConvertDeck website, services, and applications (collectively, the "Service") provided by ConvertDeck ("ConvertDeck," "we," "us," or "our"). By accessing or using our Service, you ("User," "you," "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Service.

1. Service Description

ConvertDeck provides automated form generation and branding services specifically for Klaviyo users. Our Service enables users to create, customize, and deploy branded signup forms directly into their Klaviyo accounts through Klaviyo's Application Programming Interface (API). The Service includes features such as auto-branding based on user-provided assets and form template libraries.

2. Account Requirements

• You must have a valid and active Klaviyo account to use our Service.
• You must provide accurate, complete, and current account information during the registration process and keep this information updated.
• You are solely responsible for maintaining the confidentiality and security of your ConvertDeck account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• One person or legal entity may not maintain more than one free account.
• You are responsible for ensuring your use of the Service, including its integration with Klaviyo, complies with Klaviyo's terms of service.

3. Acceptable Use

You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations.

You May:

• Create and deploy signup forms for legitimate business purposes in connection with your Klaviyo account(s).
• Utilize our auto-branding features with your own legally-owned or properly licensed brand assets (logos, color schemes, fonts, etc.).
• Connect multiple Klaviyo accounts to your ConvertDeck account, subject to the limitations of your chosen subscription plan.

You May Not:

• Use the Service for any illegal or unauthorized purpose, including but not limited to spamming, sending unsolicited communications, or engaging in fraudulent activities.
• Violate any applicable laws, regulations, or third-party rights (including intellectual property rights and privacy laws).
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or trade secrets of our Service, except to the extent that applicable law expressly prohibits such a restriction.
• Use our Service to develop a similar or competing product or service.
• Upload, transmit, or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems or networks.
• Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service.

4. Billing, Payments, and Subscriptions

• Subscription Fees: Access to certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected by you during the subscription process.
• Automatic Renewal: Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew for an additional period of the same duration, and you authorize us to charge your designated payment method for the renewal term at the then-current subscription rate.
• Payment Authorization: You authorize ConvertDeck to charge your chosen payment method (e.g., credit card) for all applicable fees. You are responsible for providing complete and accurate billing and contact information to ConvertDeck and notifying us of any changes to such information.
• Non-Refundable Fees: All fees paid are non-refundable, except as expressly stated in these Terms or as required by applicable law.
• Price Changes: ConvertDeck reserves the right to change its subscription fees. We will provide you with at least thirty (30) days' prior notice of any price changes by sending an email to your registered email address or by posting a notification within the Service.
• Usage-Based Charges: Certain plans may include limits on form generations or other features. If you exceed these limits, usage-based overage charges may apply as specified in your selected plan or as otherwise communicated to you.
• Taxes: All fees are exclusive of applicable federal, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all such Taxes relating to your subscription to the Service.

5. Intellectual Property

• ConvertDeck's IP: ConvertDeck and its licensors retain all right, title, and interest in and to the Service, including our platform, software, form templates, technology, designs, graphics, and all related intellectual property rights. These Terms do not grant you any rights to use ConvertDeck's trademarks, logos, domain names, or other brand features.
• Your IP: You retain all right, title, and interest in and to your brand assets (logos, trademarks, color schemes, etc.) and any content you create or provide ("Your Content").
• License to ConvertDeck: By using our Service and providing Your Content (such as brand assets for auto-branding), you grant ConvertDeck a limited, non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify (e.g., resize for form display), adapt, publish, translate, create derivative works from, distribute, and display Your Content solely for the purpose of providing and improving the Service to you.

6. Data and Privacy

Our collection and use of personal information in connection with the Service are described in our Privacy Policy, which is incorporated by reference into these Terms.

7. Service Availability

We strive to provide a reliable service and aim for high availability (e.g., 99.9% uptime), but we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled emergency maintenance, updates, or circumstances beyond our reasonable control (such as a failure of the Klaviyo API, internet service provider failures, or force majeure events). We will not be liable for any such unavailability.

8. Termination

Termination by You:

You may cancel your subscription and terminate your account at any time through your account settings or by contacting us. Upon cancellation, your access to paid features will continue until the end of your current billing period. Forms previously deployed to your Klaviyo account will remain active in Klaviyo until you manually remove them from your Klaviyo account.

Termination by Us:

We reserve the right to suspend or terminate your access to the Service, in whole or in part, with or without notice, if you breach any material provision of these Terms, engage in activities that are harmful to ConvertDeck, our Service, or other users, fail to make timely payment of applicable fees, or if we are required to do so by law.

9. Disclaimer of Warranties

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONVERTDECK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL CONVERTDECK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL AMOUNT YOU PAID TO CONVERTDECK FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless ConvertDeck, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or contractual right; or (iv) any claim that Your Content caused damage to a third party.

12. Beta Terms (Applicable during Beta Period)

13. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide you with notice, such as by sending an email to your registered email address, posting a notification within the Service, or updating the "Effective Date" at the top of these Terms. We will endeavor to provide at least thirty (30) days' notice before material changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
• Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be determined by binding arbitration in the Netherlands before one arbitrator. Judgment on the Award may be entered in any court having jurisdiction.
• Waiver of Jury Trial and Class Action: YOU AND CONVERTDECK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and ConvertDeck concerning your use of the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
• No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without ConvertDeck's prior written consent. ConvertDeck may assign or transfer these Terms, at its sole discretion, without restriction.
• Notices: Any notices or other communications provided by ConvertDeck under these Terms will be given via email to the address associated with your account or by posting to the Service.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: