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.

Legal Terms of Service

Date of Last Revision: May 7, 2018

The following terms and conditions (these “Terms of Use”) govern all use of the conversionfly.com website, including the ConversionFly Blog (https://conversionfly.com/blog) (the “Website”) and all content, services, features, activities and products available at or through the Website, respectively, together with all other content, services, features, activities and products available through the Website are herein referred to as the “Services”. The term “you” or “your” includes any of your subsidiaries, affiliates, employees. The Services are owned and operated by ConversionFly, LLC. (also referred to as “we”, “our” or “us”). Please read these Terms of Service carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO CONVERSIONFLY’S PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. ?

?If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

2. Fees

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.

2.1 SUBSCRIPTION TERMS

ConversionFly offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of tracked visitors (“Unique Visitors”) that may be recorded by our Services on your tracked web page(s) in any given subscription period.

You will select your Plan as part of your registration for the Services, which may begin with a Free Trial (as defined in Section 2.3 (“Free Trial”) herein). Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.

At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide ConversionFly with email notice (sent to support@conversionfly.com) of your intent not to renew your plan or by submitting our cancellation form via the “Profile Settings” section in the application at least five (5) days prior to the end of the then-current subscription period.

To view the specific details of your Plan, including pricing information and the end date of your subscription period, contact us via our in-app chat or at support@conversionfly.com.

2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS

The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.

If you exceed your Plan’s Unique Visitor limits in any given month, you will be automatically upgraded to the next level Plan for the remainder of your subscription period.

If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, as provided at https://conversionfly.com/, beginning with your next billing cycle.

If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to support@conversionfly.com. The Plan downgrade will take effect the next billing cycle following your notice to ConversionFly, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. ConversionFly disclaims liability for any such loss.

Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals. Any questions involving upgrades or downgrades to your Plan can be directed to support@conversionfly.com.

2.3 FREE TRIAL

Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 15 days from the date you register (“Free Trial Period”). The limit to the number of Unique Visitors tracked on a registered website during the Free Trial Period reflects the limits of the corresponding plan (e.g. “Fly Solo” has a 5,000 Unique Visitor per month limit, the 15 day trial will have a limit of 2,500 Unique Visitors). If these limits are exceeded, your plan will upgrade as described in Section 2.2 (“Billing Policies, Refunds, Overages, and Upgrade and Downgrade Terms”).

You may cancel your Plan at any time during the Free Trial Period by following the steps described in section 2.7 (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section 11 (“Term and Termination”) for additional details).

ConversionFly reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.

2.4 CHANGES IN FEES

We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the next billing cycle after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or exceeding limits according to Section 2.2, you will be charged at the then-current rate for such Plan, as provided at https://conversionfly.com/.

2.5 PAYMENT OF FEES

As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

2.6 CREDIT CARD PAYMENTS

All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.

You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact ConversionFly if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your ConversionFly username or password).

You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.

2.7 ACCOUNT CANCELLATION

You may cancel your Plan upon five (5) days notice by sending an email to support@conversionfly.com, messaging our Customer Success team within the Services’s Chat feature, or by our cancellation form available within the Service under the “Profile Settings” section.

For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

If you cancel your Plan, you will lose all access, upon the expiration of your current prepaid period, to the Services and any data or information stored in your account (see Section 11 (“Term and Termination”) for additional details). ?

2.8 PAUSING OR SUSPENDING SERVICES

? You may suspend (“Pause”) your ConversionFly Service(s) upon five (5) days notice of your next billing date by sending an email to support@conversionfly.com or by messaging our Customer Success team within the Services’s Chat feature.

? While the Services are paused, you will not have access, upon the expiration of your current prepaid period, to the Services and any data or information stored in your account. You also remain fully liable for any event pertaining to the Services as described in this Agreement as if the Services were active.

? Pausing your Services behaves as a service Plan downgrade described above in Section 2.2. The Plan Period of paused Services is renewed on a monthly basis. You will be charged a fee of $9.99 per each month the Services are paused.

? To restore services you must request that your account be restored by contacting us via email to support@conversionfly.com at least five (5) days before the end of your then-current Pause Period. You will be restored to the Plan that is applicable to you at the time of restoration. Restoring your Services behaves as a service Plan upgrade described above in Section 2.2.

4. Privacy

4.1 By agreeing to this Terms of Service, you also agree to our Privacy Policy located at https://conversionfly.com/privacy.

4.2 On all pages that you install the ConversionFly tracking code on you (if your local law requires you) MUST:

1. Comply with all applicable laws regarding privacy.
2. Provide the notifications or obtain consent required by law to all your visitors to permit ConversionFly to track them.
3. Never use ConversionFly to collect or analyze sensitive information.
4. Provide your visitors a privacy policy in accordance to law containing:

• A link to the ConversionFly Privacy Policy
• An explanation that states you use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of your website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website and you may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services?

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.

As used in this section, “Personally Identifiable Information” refers to information that can be used to personally identify a unique individual, such as name, address and phone number.

4.1 PRIVACY POLICY

By agreeing to this Terms of Service, you also agree to our Privacy Policy located at https://conversionfly.com/privacy.

4.2 YOUR OBLIGATIONS WITH RESPECT TO VISITOR INFORMATION

The Services allow you to link anonymous data regarding your Visitors’ activities and actions on your web page(s) with Personally Identifiable Information that you have collected regarding the Visitor. You shall be solely responsible for the consequences of using, disclosing, or transmitting such Visitor data, including Personally Identifiable Information.

You represent and warrant that:

1. You will comply with all applicable laws, including, but not limited to, those followed regarding the transfer of Personally Identifiable Information from the European Economic Area and/or Switzerland to the United States under the U.S. – EU Privacy Shield framework and U.S. – Swiss Safe Harbor, respectively, relating to the collection, use and disclosure of Visitor data, including Personally Identifiable Information, to ConversionFly;
2. (If laws apply) You will provide all required notifications and obtain all required consents and authorizations from your website Visitors to permit ConversionFly to collect, obtain and/or use Visitor data, including Personally Identifiable Information, relating to Visitor use of your website, for the purposes of providing the Services;
3. You will not use the Services to collect or analyze sensitive Personally Identifiable Information (e.g. personal health information, political opinions, religious or philosophical beliefs);
4. (If laws apply) You have posted (or you will post) a privacy policy on each website on which you use the Services, which contains a link to ConversionFly’s Privacy Policy and clearly and conspicuously states that:

• You use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of such website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website;
• You may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services.

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.

6. Indemnification

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.

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.

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.

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.

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.

14.3 This Agreement plus our Privacy Policy is the Terms that both of us comply by and has the final say-so.

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: support@conversionfly.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.

14.1 EXCUSE

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

This Agreement (including any amendment thereto), together with the Privacy Policy, represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. ?

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. ?

14.7 NOTICES

? 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 support@conversionfly.com 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.