TERMS OF SERVICE
The following are the terms and conditions for use of the “ConversionFly” service described herein.
This is a service provided by MyFlyApps LLC. My Fly Apps LLC will hereafter be referred to as (“ConversionFly”, “MyFlyApps”, “we”, “us”), and the service provided at Conversionfly.com will be hereafter referred to as “ConversionFly”, “MyFlyApps”, or “the Service”. Please read these terms carefully. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms of service (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Definitions
“Account” refers to the billing account for the Service.
“Customer Data” means the data about the characteristics and activity of visitors to your website collected by use of the Tracking Code which is stored on the Servers and analyzed by the Processing Software.
“Click” is the unit of measurement of usage of the Service. A Click is used when the Tracking Code is executed on a webpage accessed by a visitor, or when the Click URL is accessed by a visitor.
“Click fraud” is a type of fraud that occurs in Internet pay-per-click advertising where a person or computer system clicks on an ad multiple times in order to generate additional charges for the advertiser.
“Click URL” means any unique URL assigned to an Account for the purpose of recording Clicks. You will be assigned a unique Click URL corresponding to each advertisement to be tracked via the Service.
“Tracking Code” means the proprietary ConversionFly code which is installed on a web page for the purpose of collecting Customer Data, together with any fixes or upgrades provided by you.
“Conversion”, also referred to as “goal” in the Reports, means the data recorded by use of the Tracking Code placed on specific portions of your website you have identified as of special interest, such as when a purchase has been made.
“Processing Software” means the proprietary ConversionFly Software and any all upgrades to such, which analyzes the Customer Data and generates the Reports.
“Report” means the resulting analysis shown at ConversionFly.com (or such other URL the Service may provide) including stored clicks and conversion data.
“Servers” means the servers controlled by ConversionFly upon which the Customer Data is stored and analyzed to provide the Reports.
“Software” means the Tracking Code and the service software which produces the reports.
“Subscription” means the billing terms agreed upon for your Account, between you and ConversionFly.
User Account & Prohibited Uses
To register for the Service, you must complete the registration process by providing ConversionFly with current, complete and accurate information as prompted by the registration form, including your e-mail address, username and password. You will at all times be responsible for maintaining the security of your account and password: you should protect your passwords and are fully responsible for your own and third party use of your accounts. ConversionFly cannot and will not be liable for any loss and/or damage resulting from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including but not limited to copyright laws). You are solely responsible for any and all activities that relate to your Account. You agree to notify ConversionFly immediately upon learning of any unauthorized use of your Account or any other breach of security.
You may not use the Service in connection with any adult or pornographic service. This includes use on a website containing primarily adult or pornographic content, or advertising on a website containing primarily adult or pornographic content.
You may not use the Service in any manner that violates the Terms of Service, Acceptable Usage Policy, or other such policies of companies you advertise with.
ConversionFly, in its sole discretion, may accept or reject for any reason any person as a User of the Service.
From time to time, ConversionFly employees may log in to the Service under your customer password in order to maintain or improve the Service, including providing you with assistance on technical or billing issues. You hereby acknowledge and consent to such access.
Non Exclusive License
ConversionFly hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Software solely as necessary to use the Service for one or more web pages that you own and control (collectively, the “Website”). Subject to the terms and conditions of this Agreement, You may remotely access, view and download your Reports stored at www.conversionfly.com (or such other URL ConversionFly may provide). Your license of, use of and access to the Software and the Service (which may include, without limitation, the Software, documentation and reports) is conditioned upon your compliance with the terms and conditions of this Agreement.
You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Tracking Code, the Processing Software, the documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software.
You will use the Software, Service and Reports solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Documentation, Software, Service and Reports. The license will expire immediately upon failure to comply with the terms of this Agreement. Upon such expiration, you must destroy all originals and copies of the Tracking Code in your possession and so certify in writing to ConversionFly within 3 business days of termination and cease any further use of the Service without the express written consent of ConversionFly.
Information Rights
You hereby allow MyFlyApps to collect, store and process your Customer Data. The Customer Data may include one or more cookies that MyFlyApps uses to differentiate between users. MyFlyApps may examine Customer Data to provide you with technical support or to improve the Service.
MyFlyApps may retain and use, subject to the terms of its Privacy Policy (located at http://www.Conversionfly.com/privacy, or such other URL as MyFlyApps may provide from time to time), information collected on your use of the Service, in order to, among others, generate anonymous aggregated reports. MyFlyApps will not share information associated with you or your Website with any third parties unless MyFlyApps (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of ConversionFly, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on MyFlyApps’ behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by MyFlyApps. When this is done, it is subject to agreements that oblige those parties to process such information only on MyFlyApps’ instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
Unless you notify ConversionFly otherwise in writing, MyFlyApps may identify you as a valued customer and optionally issue a press release that discloses that you are using the Service.
Billing, Upgrades and Downgrades, Cancellation
We use various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
The ConversionFly Services may be purchased on a periodic subscription basis under which payment is prepaid. Subscription Service will be automatically renewed and your credit card (or other payment method account) will be charged every month without further authorization from you.
All fees are paid in advance and are not refundable.
You are responsible for paying any applicable fees and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You agree to pay for all services that you purchase through the Service, and we may charge your selected payment method or send you an invoice for any such fees owed.
You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify ConversionFly if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your Account, as well as charges incurred by Accounts associated with or created through your Account, by you or anyone who uses your Account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your Account, as well as Accounts associated with or created through your Account, may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Service, including, but not limited to, sales, use, or value-added taxes.
MyFlyApps may offer different service levels at various monthly rates. Should you upgrade or downgrade your service level, the price of the chosen service level will be charged in subsequent monthly periods.
If you exceed the limits of your service level, your account will be upgraded to a service level which accommodates your usage, and the price of this service level will be charged in subsequent monthly periods. The limits of each service level are posted publicly on our pricing page and on the billing information page of your account.
If you exceed the limits of all standard price-points of ConversionFly without prior notification of at least one week with the intention of upgrading to our Enterprise Level Packages, your account can be terminated at any point to ConversionFly’s sole discretion.
You are solely responsible for properly cancelling your account. You can cancel your account at any time by contacting MyFlyApps by e-mail at support@conversionfly.com or using the “Contact Us” link on conversionfly.com. Your request must be received at least 24 hours prior to your subscription renewal date, or the cancellation will not be effective until the following month.
All Customer Data and Reports may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. Additionally, all services associated with your Subscription may be terminated upon cancellation, including the forwarding of clicks on links created with the Service to your landing page(s).
If you cancel your Account before the end of the current paid period, your cancellation may take effect immediately.
ConversionFly, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Customer Data and Reports in your Account.
Indemnification
You agree to indemnify, hold harmless and defend My Fly Apps, at your expense, any and all third-party claims, actions, proceedings, and suits brought against MyFlyApps or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by MyFlyApps or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service, or (iv) your Brand Features. In such a case, MyFlyApps will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. MyFlyApps reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Third Parties
If you provide access to your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party (“Third Party”), whether or not you are authorized to do so by MyFlyApps, the terms of this Section shall apply to you.
If you use the Service on behalf of any Third Party, you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and you, the Third Party owns any rights to Customer Data in the applicable account, and (c) you shall not disclose Third Party’s Customer Data to any other party without the Third Party’s consent.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. MyFlyApps makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to MyFlyApps, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend MyFlyApps, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against ConversionFly or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by MyFlyApps, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service, the Software or Reports; (c) violations of your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.
Disclaimer of Warranties
The information and services included in or available through the Service, including the Reports, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ConversionFly and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. ConversionFly does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. You specifically agree that ConversionFly shall not be responsible for unauthorized access to or alteration of the Customer Data or data from your Website. ConversionFly does not guarantee storage of Customer Data. Storage space allocated to you is subject to agreement with ConversionFly or the amount of available space.
ConversionFly does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond ConversionFly’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ConversionFly or your servers are located or co-located. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed.
THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MYFLYAPPS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MYFLYAPPS DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
MYFLYAPPS WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ConversionFly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
MyFlyApps will not be liable for any click fraud detected or not detected by the Software. The Software makes a best effort to identify multiple ad clicks from the same computer system in a short period of time, and to identify anomalous increases in click activity. The Service will notify Client, through online reports and in some cases e-mails, of such identifications. The Service will not prevent the click fraud from occurring, nor detect all types and all instances of click fraud that may occur.
MyFlyApps total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed US $500.
Notice of Proprietary Rights
The Service, which includes but is not limited to the Tracking Code and the Software and all intellectual property rights in the Service are, and shall remain, the property of MyFlyApps. All rights in and to the Software not expressly granted to you in this Agreement are hereby expressly reserved and retained by MyFlyApps and its licensors without restriction, including, without limitation, MyFlyApps right to sole ownership of the Software and logos, trademarks, trade secrets, databases, reports, and Web site.
Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of MyFlyApps; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with MyFlyApps other than in the name of MyFlyApps; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
Modifications to Terms of Service and Other Policies
MyFlyApps reserves the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. MyFlyApps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.conversionfly.com/terms.
Downgrading your service level may cause the loss of Data, features, or capacity of your Account. MyFlyApps does not accept any liability for such loss.
General Conditions
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email or help desk.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MyFlyApps, or any other MyFlyApps service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MyFlyApps.
You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
MyFlyApps technical staff may instruct you, from time to time, to perform modifications to the Tracking Code installed in your Website. You agree to cooperate and perform any required modifications.
You grant to MyFlyApps a perpetual, non-exclusive, worldwide, royalty-free license to use and display your name, the name of your company, your website address, your company’s website address and your company’s logo on MyFlyApps websites and marketing materials and MyFlyApps client lists.
Earnings Disclaimer
Every effort has been made to accurately represent the Service and it’s potential. There is no guarantee that you will earn any money using the techniques and ideas in this Website. Examples in the Website are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the Service, ideas and techniques.
No express or implied guarantees of income are made when purchasing the Service. You agree that we are not responsible for the success or failure of your business decisions.
Miscellaneous; Applicable Law and Venue
MyFlyApps shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of Florida without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in ? County, Florida. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to MyFlyApps must be sent to: MyFlyApps LLC, 490 Barrington Dr W
Roswell, GA 30076, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without MyFlyApps’ prior written consent, and any such attempt is void. The relationship between MyFlyApps and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
