Terms of Service
Last updated/effective date : March 22, 2023
The website located at www.amazely.co (the “Site”) and its subdomains are copyrighted works belonging to ABT Spark Pty Ltd Trading As Amazely (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
1. Your Agreement with Amazely
1.1 Your use of our service is governed by this agreement (the "Terms"). The “Services” means the service that Amazely makes available through this website, including this website, the Amazely review management platform, Amazely desktop and any other software or services offered by Amazely in connection to any of those.
1.2 In order to use our Services, you must first agree to the Terms. You can agree to the Terms by actually using our Service. You understand and agree that we will treat your use of the our service as acceptance of the Terms from that point onwards.
1.3 You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as our Service is not intended for children under 18.
1.4 You agree your purchases of our Service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Amazely or any of its affiliates regarding future functionality or features.
1.5 amazely.co is built on top of Google APIs. Our service availability and functionality depend on Google APIs. We are not liable for any issues caused by defects or unavailability of Google APIs.
2. Our responsibilities
2.1. Provision of Purchased Services. We will (a) make the services and content available to You pursuant to this Agreement, (b) provide applicable support for the services to You as per your purchased plan, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack. Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems. We are not responsible for any such problems and interruptions to offer our Services resulting therefrom.
2.2. Protection of Your data. We will maintain administrative and technical safeguards for protection of the security, confidentiality and integrity of Your Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the purchased Services and prevent or address service or technical problems, (b) as compelled by law, or (c) as You expressly permit in writing.
2.3. Security. We will continue to update technology and policies to help safeguard your privacy from unauthorized access and improper use. For example, transactions conducted through the website are encrypted. We will continue to monitor and update security measures as new technology becomes available as appropriate to the website.
3. Privacy Policy
We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and handle your information when you use our Services. You understand that through your use of our Services you consent to the collection, use and handling of your information as set forth in our Privacy Policy. For more information, please see our Privacy Policy here: https://amazely.co/privacy-policy.html. Additionally, You understand and agree that we may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted in of receiving such notices.
4. Fees for Use of our Service
4.1 To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay us in accordance with the terms set forth on the Site (currently, https://amazely.co/pricing.html) and this TOS, and you authorize Amazely or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
4.2 If you dispute any charges you must let Amazely know within thirty (30) days after the date that Amazely invoices you.
All amounts paid are non-refundable and we reserve the right to change our prices in the future.
We reserve the right to change our fees and billing methods at any time.
We will notify you of any fees changes by, for example, sending a message to the email address associated with your account, or posting on our pricing page
https://amazely.co/pricing.html.
For existing contracts for which fees have been already received by us, we will implement the price changes during the next renewal period.
Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.
Amazely may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services.
5. Review Content
You understand Amazely helps to facilitate your review management process. Amazely has no responsibility to you or to any third parties for the actual review content submitted by your users.
6. Proprietary Rights
You acknowledge and agree that Amazely owns all legal right, title and interest in and to the Amazely Service, including any intellectual property rights which subsist in the Amazely Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7. License from Amazely and Restrictions
7.1 Amazely gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Amazely as part of the Amazely Service as provided to you by Amazely. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Amazely Service as provided by Amazely, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Amazely Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Amazely, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Amazely Service.
7.3 Open source software licenses for components of the Amazely Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Amazely for the use of the components of the Amazely Service released under an open source license.
7.4 The free license is intended for one single individual. Any attempts to workaround the free license restriction including signing in as multiple user accounts is strictly prohibited. Amazely reserves the right to delete Free user accounts which have been inactive for a period of two months or longer.
7.5 The individual Pro license is licensed for use by a specific user only. Sharing or pooling a licensed user’s license between multiple individuals to allow for temporary use by multiple users in a department or organization is strictly prohibited.
8. License from You
8.1 You may choose to or we may invite you to submit comments or ideas about the Amazely Service, including without limitation about how to improve the Amazely Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Amazely under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.2 You agree that Amazely, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Amazely Service.
9. Recommendations
Amazely may, and you grant us permission to, make recommendations via the Amazely Service for products or services we think may be of interest to you based on your use of the Amazely Service.
10. Modification and Termination of the Amazely Service
10.1 Amazely is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Amazely Service which Amazely provides may change from time to time without prior notice to you, subject to the terms in Section 2.1. Changes to the form and nature of the Amazely Service will be effective with respect to all versions of the Amazely Service; examples of changes to the form and nature of the Amazely Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2 You may terminate these Terms at any time by canceling your account on the Amazely Service. You will not receive any refunds if you cancel your account.
11. No Warranties
11.1 You expressly understand and agree that your use of the Amazely service is at your sole risk and that the Amazely service are provided "as is" and "as available."
11.2 Amazely, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the Amazely service, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Amazely, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the Amazely service will meet your requirements, (b) your use of our service will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Amazely service will be accurate.
12. Limitation of Liability
12.1 You expressly understand and agree that Amazely, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
12.2 The limitations on Amazely's liability to you in paragraph 12.1 above shall apply whether or not Amazely has been advised of or should have been aware of the possibility of any such losses arising.
13. Indemnification
You agree to hold harmless and indemnify Amazely, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Amazely and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Amazely Service, (c) your violation of applicable laws, rules or regulations in connection with the Amazely Service, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Amazely will provide you with written notice of such claim, suit or action.
14. Ownership of intellectual property rights
14.1 All Intellectual Property Rights in or relating to the Licensed Software are owned by us or (in relation to open source software included in the Licensed Software) their relevant owners;
14.2 Except as expressly granted under this Agreement, you have no rights in the Licensed Software.
14.3 You hereby agree to refrain from any action which would diminish our Intellectual Property Rights in or relating to the Licensed Software or which would call them into question.
14.4 You agree not to remove or alter any trademarks, copyright notices or similar proprietary devices, including without limitation any electronic watermarks or other identifiers, that may be incorporated in the Licensed Software.
14.5 If you become aware of any infringement or suspected infringement of our Intellectual Property Rights in or relating to the Licensed Software by any third party, you shall use reasonable efforts to notify us of such infringement or suspected infringement without delay.
15. Other Content
15.1 The Amazely Service may include hyperlinks to other web sites or content or resources or email content. Amazely may have no control over any web sites or resources which are provided by companies or persons other than Amazely.
15.2 You acknowledge and agree that Amazely is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16. Changes to the Terms
16.1 Amazely reserves the right to change or modify portions of this Agreement at any time. If Amazely does so, it will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised.
16.2 You understand and agree that if you use the Amazely Service after the date on which the Terms have changed, Amazely will treat your use as acceptance of the updated Terms.
17. Termination
Our website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Monthly subscriptions automatically renew on the same day each month (the day you subscribed), unless cancelled. Yearly subscriptions automatically renew after the initial annual unless cancelled. If You fail to comply with any provision of this Agreement, Amazely may terminate this Agreement immediately and retain any fees previously paid by You.
18. General Legal Terms
18.1 The Terms constitute the whole legal agreement between you and Amazely and govern your use of the Amazely Service (but excluding any services which Amazely may provide to you under a separate written agreement), and completely replace any prior agreements between you and Amazely in relation to the Amazely Service.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Amazely provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that if Amazely does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Amazely has the benefit of under any applicable law), this will not be taken to be a formal waiver of Amazely’s rights and that those rights or remedies will still be available to Amazely.
18.5 Amazely shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.6 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Amazely Service upon written notice to the assigning party.
