Terms & Conditions with GDPR

(Effective Date May 25, 2018.)

 

This MAIN SERVICE LEVEL AGREEMENT ("Agreement" and/or "Terms and Conditions") is a legal agreement between You (an entity or person) (“You”) and Eber Pte Ltd, (here forth referred to as "Eber"), that governs Your limited, non-exclusive, terminable right to use the Eber.co website and related services (“Site”), the mobile apps, the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).

By clicking on the "Accept" button/checking the checkbox on signup page, or otherwise using the Service, You agree to be bound by the terms of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A DISCOUNTED FIRST MONTH TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT DISCOUNTED TRIAL.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website or our Service.

By connecting to us with a third-party service (CRMs and integrations in general, e.g., Pipedrive, HubSpot, JustCall, Zendesk Salesforce, Intercom or any other we have), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your Eber account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.

Eber may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.

Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

You are allowed to invite two types of user accounts to Eber System

  • “User” means an employee, consultant or contractor who is authorized by You to use Eber account.
  • “Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Eber account.

“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below.

 

1. Use of Eber

  1. In addition to other rules and regulations contained in these Terms of Use, You and anyone using Eber account are responsible for any use of Eber whether by website or mobile device. You agree not to access, copy, or otherwise use Eber System unless such use is authorized by these Terms of Use or otherwise authorized in writing. You agree that any information You provide to Eber is complete and accurate.
  2. You will not use the Eber System is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
    • to violate any law, regulation or other published policy;
    • to violate or infringe on intellectual property, privacy, or rights of another;
    • to violate any agreement, rules or policies that govern the use of Your mobile device;
    • to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
    • to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
    • to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Eber account;
    • to stalk, harass, or harm another individual; or
    • to impersonate another, misrepresent or falsely identify Yourself.
    • to violate any applicable third party policies or requirements that has communicated to You.
    • to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voice mails
  3. You and Your Administrators may appoint additional Administrators of Eber account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).

 

2. Pricing, Billing and Refund Policy

  1. You authorize Eber to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
  2. You authorize Eber and/or any other company acting as billing agent for Eber to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid Eber plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
  3. You will provide Eber with updated credit card information upon Eber’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Eber is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
  4. For our subscription plans, usage and monthly fees will be charged directly to the credit card You provide to us as specified in our pricing plans found at Pricing Page. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all Eber Services.
  5. Eber may change the rates of text messages at any time without notice to you by posting such change at SMS Rates. The new rate will apply to your next sending after the new rates have been published. Please check the latest rates before You attempt to sending any text messages. If you do not accept the new rates, do not make your attempt.
  6. SMS rates mentioned on SMS Rates page are for single segment. 1 Segment = <160 characters. For example, if you send a 200 characters long message, it will cost you 2 X SMS Cost as 200 characters will be counted as 2 segments
  7. If you are not clear about the pricing for subscription or fax, please make sure to confirm prices from our support team by emailing us at help@eber.co. NO REFUND WILL BE GIVEN FOR ALREADY INCURRED USAGE COSTS.
  8. All refund related requests will be governed by our publicly available Refund Policy




3. Protection of Data

Eber will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity your data.

 

The Services may be provided using equipment or facilities located in the European Union or the United States. The Supplier’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed when using the Service will receive an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

 

By agreeing to these Terms, You grant Eber a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services. We will inform You of changes in such processors in accordance with the procedure of modifying these Terms.

 

List of Processors:

Amazon Web Services (Cloud)

Hosting services in the US and Germany (Privacy Shield certified).

 

Intercom

Support Chat, Sales Chat and transactional email automation (Privacy Shield certified).

 

JustCall

Support Chat, Sales Chat and transactional email automation (Privacy Shield certified)

 

Zendesk

Support Chat, Sales Chat and transactional email automation (Privacy Shield certified)

Keen.io

Tracking and Analytic platform (Privacy Shield certified).

Nexmo

SMS service provider (Privacy Shield certified)

Stripe

Payment gateway (PCI compliant and Privacy Shield certified).

Paypal

Payment gateway (PCI compliant and Privacy Shield certified).

 


4. Responsibility For User Content

We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that we will not be liable for Materials. We reserve the right, but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms & Conditions mentioned in this document.

5. Proprietary Rights

  1. All right, title and interest in the Service and any content contained herein is the exclusive property of Eber, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Eber’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to Eber. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Eber, is strictly prohibited.

6. Content License

You grant Eber a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.

7. Disclaimer

The materials on Eber’s web site are provided “as is”. Eber makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Eber does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the Eber System is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free.

You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the Eber System should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.

8. Limitations of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO EVENT WILL THE COLLECTIVE LIABILITY OF EBER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

9. Revisions

The materials appearing on Eber’s Site may include technical, typographical, or photographic errors. Eber does not warrant that any of the materials on its Site are accurate, complete, or current. Eber may make changes to the materials contained on its Site at any time without notice. Eber however, makes no commitment of any kind to update the materials.

10. Assumption of Risk

You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Eber has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, Eber is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Eber shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

11. Your Responsibility to Protect Data and Password

It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Eber of any unauthorized use of Your account, or breach of Your account information or password. Eber will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Eber about unauthorized use of Your account or breach of Your account information or password.

12. Links

The Site may include links to certain website, materials, or content developed by third parties. Eber has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Eber of the Site. Use of any such linked website is at Your own risk. Eber reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

13. Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

14. Compliance with Laws

You will use the Eber Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, Eber will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.

15. Indemnity

You will indemnify and hold Eber, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.

16. Waiver of Jury Trial

Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.

17. No Class Actions

All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.

18. Waiver of Compliance of this Agreement

Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.

Any and all waivers by Eber of any provision, condition or requirement of the Agreement will only be effective against Eber if it is in writing and signed by an authorized officer of Eber, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

19. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, Eber Pte Ltd, for any third party that assumes our rights and obligations under this Agreement.

20. No Injunctive Relief

In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

21. Contact Information

If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by email to help@eber.co

 

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

 

 

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