Plain-English Terms of Service
Welcome to ConversionFly! Here on the left (or top of each section if on mobile) you'll find our plain-english terms of service and the corresponding legal policy on the right (or bottom of each section if on mobile).
Please review our terms, you must agree to them in order to use ConversionFly. If you are using ConversionFly on behalf of your business, make sure you are allowed to agree to our terms of service.
We may change our terms of service from time to time. If we do, we will post an in-app message or email you.
This plain-english terms of service has no legal merit, but is for the purpose to help you understand the full legal Terms of Service. Please read the full legal Terms of Service.
We last updated this policy on May 7, 2018.
1. Account Registration and Access
When you sign up and provide us your information, it is your responsibility to keep that information up to date with us.
You are responsible for what happens in your ConversionFly account.
We may access your account for various reasons.
2.1 ?We have a verity of subscription plans with different fees based on period length and Unique Visitors tracked per month. You are responsible for paying for your entire subscription fee for each period. To ensure you are not billed for another period than you desire, you must submit a cancel request at least 5 days before your subscription renews.
2.2 A subscription period is paid in advanced and set to auto-renew. If you exceed your plan's limits, you will be upgraded and prorated. Any downgrades take effect the next billing cycle.
2.3 Unique Visitor limits still apply in trials and you can be upgraded if exceeded. You can cancel a trial any time by messaging our team or submitting a cancellation form.
2.4 We may change prices of plans. If we do, you will automatically be moved to the according plan and price based on your previous plan or usage.
2.5 You may be billing amount may change based on promotions, tax changes, or plan price changes. If you do not pay, we can shut off your service.
2.6 You are responsible for keeping your billing information up to date with us. You are responsible for any collection costs.
2.7 Cancellations must be submitted at least 5 days before your subscription ends. You can use our cancellation form available in-app or you can contact our Customer Success team.
2.8 You can pause your account for $9.99/mo.
3.1 You have access to your version of the ConversionFly Tracking Code by using ConversionFly. You are liable for all uses of the code. Don't reverse-engineer, modify, or create a derivative of the code.
3.3 We we have rights to anything you post in a public area owned by us.
4.2 On all pages that you install the ConversionFly tracking code on you (if your local law requires you) MUST:
5 (If laws require) You will enter into a data processing agreement with ConversionFly. The Data Processing Agreement is available when you create your Username, in-app under "Profile Settings", and via this LINK.
5 (If laws require) You will enter into a data processing agreement with ConversionFly. The Data Processing Agreement is available when you create your Username, in-app under "Profile Settings", and via this LINK.
5. Proprietary Rights; Restrictions on Use
5.1 Any opinions posted on our site by contributors, authors, moderators, etc. do not necessarily represent ConversionFly's opinions.
5.2 Anything you post to a place owned by ConversionFly, ConversionFly has the right of full control over the material.
5.4 For clarity, please read the full legal version of this section. These terms clearly state the restrictions of the use of ConversionFly.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights.
If any third-party makes a claim against ConversionFly by you not following our Terms of Service, you agree to indemnify, hold harmless, and possibly defend ConversionFly at your expense. We reserve the right of exclusive defense and control of this. If this happens we will let you know by email within 30 days of us learning about the claim.
You agree to indemnify, hold harmless and (only if requested by ConversionFly) defend ConversionFly, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted 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) incurred by ConversionFly or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of this Agreement, (b) your use of the Services, (c) your unauthorized use of the ConversionFly Tracking Code, and (d) your disclosure of any Visitor data, including any Personally Identifiable Information, to ConversionFly. In such instances, ConversionFly will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to ConversionFly within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. ConversionFly reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. Third Parties
If you use ConversionFly on behalf of a third-party, you must ensure the terms of this agreement is followed by you and the third-party. The third-party still owns the data.
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 ConversionFly, 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. ConversionFly 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 ConversionFly, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend ConversionFly, 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 ConversionFly, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (w) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to Third Parties; (x) 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; (y) violations of your obligations of privacy to any Third Party; and (z) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.
8. Representations and Warranties
You represent that you own your data and you have consent from your visitors to use ConversionFly. We own our data. We cannot guarantee the integrity of the service.
You represent and warrant to ConversionFly that you (a) own all right, title and interest in and to the URLs of your website; (b) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (c) have obtained all necessary consent(s) from Visitors required to enable the Services.
ConversionFly does not represent or warrant that (w) the Services will be error-free or accessible at particular times, (x) defects will be corrected, (y) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (z) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
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.
9. Disclaimers and Limitations on Liability
9.1 We cannot guarantee the accuracy of stats. We do not guarantee the integrity of third-party links.
9.2 The service is provided "as-is".
9.3 We explicitly limit our liability if something goes wrong.
9.1 GENERAL DISCLAIMERS
The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed. Changes are periodically added to the information herein. ConversionFly and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.
The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk and ConversionFly is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites that you access from the Services. The Third Party Websites are not under the control of ConversionFly and as such, ConversionFly is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. ConversionFly provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation. ?
9.2 DISCLAIMERS OF WARRANTIES
? THE SERVICES, THE CONVERSIONFLY TECHNOLOGY AND SERVICE, THE CONVERSIONFLY TRACKING CODE AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CONVERSIONFLY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE CONVERSIONFLY TRACKING CODE, THE REPORTS, OR ANY DOCUMENTATION, 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. CONVERSIONFLY DOES NOT WARRANT THAT THE SERVICES, THE CONVERSIONFLY TRACKING CODE OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES 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 SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL. ?
9.3 LIMITATIONS ON LIABILITY
? CONVERSIONFLY AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), 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 ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL
CONVERSIONFLY'S 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 THE AGGREGATE FEES PAID TO CONVERSIONFLY FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.
10. Service Failures
We do not guarantee that there is no downtime. We are not liable for any downtime.
ConversionFly does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to ConversionFly’s equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond ConversionFly’s control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ConversionFly or your servers are located or co-located.
11. Term and Termination
We can suspend or shut off your account at any time. If your account is no longer active, you must remove the tracking code from your pages. Failure to do so or by violating these Terms, our code can modify, stop, or redirect your pages.
? ConversionFly may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. ?
11.2 TERMINATION OF THE SERVICES
? To terminate your use of the Services, please follow the steps described in Section 2.7 (“Account Cancellation”).
Upon any termination of the Services (a) ConversionFly will cease providing the Services; (b) you will delete all copies of the ConversionFly Tracking Code from your web page(s); (c) any outstanding balance payable by you to ConversionFly will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (d) you will not be entitled to any refunds of any usage fees or any other fees; and (e) all of your historical report data will no longer be available to you through ConversionFly.
In addition, upon expiration of any session with respect to a web page, you shall delete all copies of the ConversionFly Tracking Code from such web page. You understand and acknowledge that, unless and until the ConversionFly Tracking Code is deleted from a web page, the ConversionFly Tracking Code may continue to track information on such web page on an automated basis. If you do not remove the ConversionFly Tracking Code from your pages after account termination or after violating these Terms of Service, we reserve the right to activate functionality of our code that may (x) modify your page, (y) prevent your page from loading, or (z) redirect visitors to an another web page upon the execution of the ConversionFly Tracking Code.
12. Modifications to this Agreements and Other Policies
We may update our Terms and/or Plans from time to time. We notify you as the changes are made.
ConversionFly 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. ConversionFly shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (a) by obtaining our written consent in an agreement signed by an officer of ConversionFly; or (b) as set forth below in the immediately following paragraph.
You agree that ConversionFly may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (x) posting a notice on the ConversionFly Website the first time that you visit the Website following such revisions or modifications, (y) providing direct notice of such changes in a communication via email to the most recent email address we have on file, or (z) by other reasonable means. By continuing to use the Services, you consent to the revised or modified terms of this Agreement.
13. U.S. Government Rights
If the U.S. Government gets involved with us, they have to abide by this agreement as well.
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (“DOD”) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
14. Miscellaneous; Arbitration, Choice of Law, and Venue
14.1 If we aren't able to perform because things out of our control, it's okay for us to not perform or delay performance.
14.2 This Agreement is enforced to the farthest capability it can be enforced.
14.4 If a dispute happens between us, and it has to go to the process of arbitration, it is to be handled in Jacksonville, FL. Each of us are responsible for our own legal costs according to arbitration law. Regardless of the outcome both parties must honor this agreement. Please read the full legal section to read the full disclaimer and terms of the agreement to arbitrate.
14.5 Section 14.4 doesn't apply for claims regarding relief or intellectual property rights.
14.6 Florida law supersedes this agreement except as described in Section 14.4. Any disputes are under jurisdiction of the Duval County, Florida court. All ConversionFly Technologies and Services are controlled by U.S. Export Regulations. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act doesn't apply to this agreement.
14.7 Any notices from ConversionFly will come to you by email, post on our site, message in the app, or by first-class mail (if we have your address). Any notices to ConversionFly must be emailed or mailed first class, air mail, or overnight courier, and are deemed given upon receipt. Email Address: email@example.com Physical Address: ?ConversionFly, LLC 224 Datura Street, West Palm Beach, FL 33401 14.8 Rights are non-transferable without our consent. 14.9 The headings in this agreement are merely for the purpose of convenience and doesn't affect the legal copy.
ConversionFly shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
14.2 SEVERABILITY AND WAIVER
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 reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. 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 reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
14.3 ENTIRE AGREEMENT
14.4 AGREEMENT TO ARBITRATE
? Certain portions of this Section 14.4 are deemed to be a “written agreement for arbitration” pursuant to the Federal Arbitration Act. You and ConversionFly agree that we intend that this Section 14.4 satisfies the “writing” requirement of the Federal Arbitration Act.
If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), then either you or ConversionFly may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Jacksonville, Florida; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, ConversionFly shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and ConversionFly will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require ConversionFly to pay a greater portion or all of such fees and costs in order for this Section 14.4 to be enforceable, then ConversionFly will have the right to elect to pay the fees and costs and proceed to arbitration.
In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (a) THERE IS NO JUDGE OR JURY, (b) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (c) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ?
14.5 INJUNCTIVE RELIEF
? The foregoing provisions of this Section 14.4 will not apply to any (a) legal action taken by you or ConversionFly to seek an injunction or other equitable relief or (b) controversy, allegation or claim that arises out of relates to your or ConversionFly’s actual or alleged intellectual property rights. ?
14.6 CHOICE OF LAW AND FORUM
? 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. Except to the extent that arbitration is elected in accordance with Section 14.4 above, any action or proceeding relating to a Dispute may only be instituted in state or federal court in Duval County, Florida. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Duval 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 ConversionFly Tracking Code and ConversionFly Technology and Service are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals. ?
? ConversionFly may deliver notice to you under this Agreement by (a) means of electronic mail, (b) posting a notice on the ConversionFly Website, (c) a communication to your ConversionFly account, or by (d) written communication delivered by first class U.S. mail to your address on record if one exists. Unless otherwise specified, any notices to ConversionFly must be sent to: ConversionFly, LLC 224 Datura Street, West Palm Beach, FL ?33401 firstname.lastname@example.org via email or first class, air mail, or overnight courier, and are deemed given upon receipt. ?
14.8 TRANSFER OR RIGHTS
? You may not assign or otherwise transfer any of your rights hereunder without ConversionFly’s prior written consent, and any such attempt is void. The relationship between ConversionFly 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. ? 14.9 HEADINGS ? The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
15. Special Admonitions for International Use
This app can be used around the world. We are based in the U.S. Make sure to know and follow your local law.
Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you operate or reside and to comply with any other local laws affecting the Services.
This Terms of Service has been effective since the date on the top of this page.
If you have any questions regarding these Terms of Service, please contact us by emailing email@example.com
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about ConversionFly's Terms of Service or the information practices of the Services. You can contact us by email at: firstname.lastname@example.org