Terms of Service (Platform.ly)

[Last Updated: Jul 27, 2020]

Welcome to Platform.ly!

The following Terms of Service set forth the Terms of Service that apply to your access and use of the Internet website owned and operated by Sovereign Net LTD, located at Craigmuir Chambers, Road Town, Tortola, VG1110, British Virgin Islands d/b/a Platform.ly (“Platform.ly”) and located at https://www.platform.ly/, including without limitation www.platform.ly/login.php and any successor URLS, mobile or localized versions and related domains and subdomains (“The Websites”).

These Terms of Service apply to the use of the Websites including all subdomains, subdirectories and subsidiary web pages therein and access to any optimized version of the Websites via a wireless device, and access and use of the services available thereon. In using the Websites you agree to be bound by these Terms of Service.

Please read this document carefully before accessing or using the Websites. By ticking the box agreeing to the Terms of Service, Privacy Policy and Data Processing Agreement (DPA) and clicking continue at the registration page of the Websites, you are entering into a legal agreement (“Customer Agreement”) with Platform.ly and agree to be bound by the Terms of Service, Privacy Policy and DPA. If you do not wish to enter into such an agreement, you must refrain from using the Websites.

Terminology

In these Terms of Service, the expressions “we”, “us” and “our” are in reference to Platform.ly.

The “Service” means Platform.ly's communications and messaging products and services, in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Service.”

Membership

In order to be able to access the Websites, you must become a member. To become a member, you must have read and accepted these Terms of Service, Privacy Policy, DPA and register as a member by providing all details requested.

We reserve the right to suspend or terminate your membership at any time if you breach these Terms of Service (or any amendments of them).

Free Trial

The free trial shall last for a period of 15 days only. After the 15-day free trial, regular price for the service will be charged. All users signing up for the free trial will be required to submit payment card details as part of the process, to allow automatic payments once the free trial period ends.

Note, Platform.ly does not see or store payment information, it is handled by a trusted 3rd party service. Users who cancel their subscription before the free trial ends will have their account suspended. The option to reactivate and join on the monthly plan will allow users to get their account back. If a permanent deletion is requested however, this will then not be possible.

During your free trial, you can send a maximum of 2,500 emails with the Platform.ly mailer. If you want to send more, you can either connect to a 3rd party SMTP service or expedite your trial and become a paid member.

The free trial can only be used once per person. It is strictly not allowed to create multiple trial accounts over a short period of time. We reserve the right to immediately suspend any trial account that we discover is a duplicate trial account or has been created for the purpose of abusing or circumnavigating the free trial limit.

Recurring Membership Charges

The Websites offers paid memberships which are charged on a monthly or yearly basis. This is subscription-based.

As a member, you agree to pay the initial charge and any recurring charges after that unless cancelled through the merchant, Paddle.

You are not locked or bound into any fixed term contract period and may cancel your subscription at any time by contacting us at getsupport@platform.ly or by cancelling it through Paddle.

Additional features (add-ons) and services

You may use certain additional features (add-ons) we provide, or integrate third-party services. These third-party services are not provided by Platform.ly. Your ability to use some of the add-ons and third-party services may be limited pursuant to the third party's terms and conditions. When you integrate a third party service, you authorize us to exchange any of your data, whether confidential or not, with the third party service in order to enable such integration. Any links to a third party service or website that you find on the Websites are provided for convenience only and we do not control or endorse any material or information found on those third party services sites.

Data Processing

By accepting these Terms of Service, you engage Platform.ly in the processing of Personal Data (as defined in the DPA) necessary to provide you with the Services on terms and conditions stipulated in Data Processing Agreement (DPA), which constitutes an integral part of these Terms of Service.

To the extent that we process any Personal Data (as defined in the DPA) that is subject to the General Data Protection Regulation (the “GDPR”), on your behalf, you represent and warrant that in using the Services, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the European Economic Area (EEA) and its member states. In particular you are required to:

  • Clearly inform data subjects about means and purposes of the processing of personal data, including for processing through the Websites;
  • Obtain and maintain express and valid consent of the data subject to transfer their data to Platform.ly and to be processed in order to send them electronic communication by Platform.ly on your behalf.

You agree to indemnify and hold Platform.ly harmless from any losses resulting from breach of the above warranties and obligations.

No Spam Policy

Platform.ly reserves the right to suspend or terminate any account if we find any kind of unsolicited e-mail containing any reference to any product or service created by Platform.ly, the Websites, or any connection that leads the recipient of said e-mail to the Websites. These practices will NOT be tolerated.

Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

As a Platform.ly member, you agree not to use misleading subjects in messages. Members are required not to do anything that would be considered spam. The sending of any message that contains offensive, racial, sexual, adult only or immoral content is not permitted and can result in an immediate suspension of your account with no refunds granted.

Fair Use Policy

On our Unlimited plan, we have a fair use policy of up to 2 million emails per month, 100 dashboards and 100 domains, which should make it effectively unlimited for 99% of our customers. This fair use policy applies in order to comply with our No Spam Policy and prevent abuse of all kinds.

Account Suspensions

Accounts that have been suspended due to violations with these Terms of Service will remain suspended until the account holder sends a physical letter acknowledging the violation.

Upon receipt of the physical letter, accounts will be unsuspended within 24 business hours.

Further violations of these Terms of Service, Platform.ly reserves the right to permanently suspend your account without any prior notice.

In case of permanent suspension, user will be allowed to download and take the back-up of their account data within eight business days from the day of permanent suspension.

References and Testimonials

As a member, you agree to cooperate with Platform.ly in the development of press releases, testimonies, and other such marketing materials. Members grant Platform.ly unlimited rights to reference them in any and all marketing materials, without further compensation.

Refund Policy

Platform.ly offers a 30-day refund period on first time orders and 7-day refund period on rebills. Paid access time which you missed to use is not eligible for refund. You may request a refund during the 30-day (if applicable) or 7-day term by emailing us at getsupport@platform.ly

When requesting the refund, please inform us about the reason to help us keep getting better. Our Support team will then reply to you with the steps to take to initiate a refund depending on your payment method.

Amendments to Terms of Service

We may modify or amend these Terms of Service from time to time. Any modifications or amendments we make will be effective immediately upon notification on the Websites. You agree to review these Terms of Service periodically to be aware of any such modifications or amendments to these Terms of Service and your continued access or use of the Websites, after any such amendments or modifications have been posted on the Websites, shall be deemed to be your conclusive acceptance by you to be bound by the Terms of Service as amended or modified.

Disclaimer

We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of the Websites (including the failure of any tracking), nor do we accept any responsibility for any loss or damage arising out of your use of or reliance on information contained on or accessed through the Websites. In accessing the Websites, you assume total responsibility and risk for your use of the Websites and the Internet generally. We provide the Websites and related information “as is” and do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or infringement or implied warranties of merchantability or fitness for a particular purpose) with regard to the Websites, any merchandise information or service(s) provided through the Websites or on the Internet generally. It is solely your responsibility and risk to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Websites or on the Internet generally.

We do not warrant that the Services will be uninterrupted or error free or that defects in the Websites will be corrected. We do not accept any responsibility for any loss or damage suffered by you in the event of interruption to the Websites or malfunction (temporary or otherwise) of servers supporting the Websites.

To the extent permitted by law, any conditional warranty which would otherwise be implied into these Terms of Service is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that conditional warranty will be deemed included but our liability will be limited.

Further you understand that any statements on the Websites made in regards to financial or other results are not guaranteed as results may vary depending on your own efforts.

Exception to Disclaimer

The disclaimer set out in these Terms of Service does not attempt or purport to exclude liability arising under any applicable legislation if, and to the extent, such liability cannot be lawfully excluded.

Specific Warnings

You must ensure that your access to the Websites is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the Websites does not expose you to the risk or viruses, malicious computer code or other forms of interference which may damage your own computer system or network. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or network which arises in connection with your use of the Websites or any linked website.

While we have no reason to believe that any information contained on the Websites is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Websites updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Websites.

Indemnification by You

You agree to indemnify us and hold us harmless, including our offices, directors, employees, agents, licensors, suppliers and any third party information providers to the Websites, from and against all losses, expenses, damages and costs, including all legal fees and disbursements, resulting from any breach of these Terms of Service (including negligent or wrongful conduct) by you or any other person accessing the Websites on your behalf.

Copyright

Copyright in the Websites (including text, graphics, logos, icons, video, sound recordings and software) is owned or licensed by us. Except as expressly authorised by these Terms of Service, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Websites (including but not exhaustively text, graphics or code) or;
  • commercialize any information, products or services obtained from any part of the Websites, without our written permission.
  • disparages us or our information, products or services (including the Websites).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to the Websites only for your personal use. You are authorised to print a copy of any information contained on the Websites for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without or written permission on-sell information obtained from the Websites

Privacy Policy

You agree to be bound by the terms of our Privacy Policy.

Cookie Policy

The Websites sets a cookie on your computer that uniquely identifies your browser. A “cookie” is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies only to identify your browser. Please visit the help section of your browser to see how you can prevent your computer from receiving new cookies, get notified on when cookies are sent, or disable sending cookies.

Payment provider & merchant of record

Our order process is conducted by our online reseller Paddle.com who is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles return of payment.

Termination of Access

Access to the Websites may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These Terms of Service are governed by the laws in force in the British Virgin Islands and the parties hereby submit to the exclusive jurisdiction of the Courts of the British Virgin Islands.

Limitation

Any cause of action or claim you may have against us with respect to the Websites must be commenced within 1 year after the cause of action arises, subject to any applicable legislation prohibiting this limitation.

Assignment

We may assign our rights and duties under this Agreement to any party at any time without having to provide prior notice to you or obtain your prior consent.

Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right to which we are entitled.

If you have questions or need to contact us about these Terms of Service, please email us at getsupport@platform.ly