Experiture Terms of Service

1. General provisions

Experiture, Inc., incorporated under the laws of the State of Delaware, with its principal place of business located at 210 Richardson St, Brooklyn NY 11222 (“Experiture, Inc.”, “Experiture”, “we”, “us”) is the service provider of the Experiture Service (the “Service”). These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to subscribe to the Service you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and Experiture. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service.

Our Service is diverse and may include additional features, if ordered by you, so sometimes additional terms and conditions will apply. For example, the Service may be subject to (a) these Terms of Service; (b) Privacy Policy; and (c) Anti-Spam Policy; each of which you should read carefully and accept before ordering or activating any Service.  These agreements are hereby incorporated into this agreement by reference.

2. Service

Under the Service we provide you with:

  1. an access to a web-based platform with tools for building, managing and hosting your marketing assets, including target lists;
  2. an ability to send emails and SMS messages to your mailing lists hosted at Experiture platform, as well as an ability to create landing pages or microsites, social media messaging, and obtain customer information through use of web forms;
  3. Customer Service,
  4. additional features (add-ons), if ordered and paid separately by you,
  5. access to free templates, which you may use for the purpose of creating landing pages and sending emails via Experiture platform.

You may use the Service to transmit SMS messages, and send emails (“Transactions”) only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”). In order to use the Service and manage your email or SMS marketing campaigns, you must create an individual account in the Experiture platform (“Account”). The Account may be accessed only with the use of your login credentials. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.

You may also use the service to create, manage and update Personalized URLs (PURLs) and landing pages and host them on our servers. Within the Landing Page Creator you may, among others, create unlimited landing pages, integrate them either with PURLs or sub-domains provided by us or with your own domain, post various content, integrate with social media and other websites, and use our editor to fill out your landing page. We cannot and do not verify or check whether the domain name selected by you or the use of a given domain name infringes third party’s rights. We recommend you verifying whether the selected domain name or its use infringes third party’s rights. You should be aware that Experiture may be ordered by a court or other public authority to cancel, modify, or transfer the domain name chosen by you. You should also be aware that if we are sued or threatened with lawsuit in connection with the use of your domain name, we may turn to you to hold us harmless and to indemnify us.

You expressly agree that the quality of a streamed media file might differ from the uploaded stream, in order to conform and adapt to standards of transferring data, connecting networks or devices.

From time to time, Experiture may offer a 30-day free trial version of the Service (“30-Day Free Trial”). Within the 30-Day Free Trial you may store up to 250 Subscribers and create up to 2000 Transactions, and the Service is rendered for 30 days. It may also be limited in other ways. You may create only one Free Trial Account. You may upgrade the 30-Day Free Trial to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period or within 60 days after the trial period ends, will be permanently disabled.

You may upgrade your Account Plan at any time. If you make such a request during the subscription period, a part of the fee (for unused subscription period) will be credited towards your new fee.

We reserve the right to update, improve and expand the Experiture Service. In addition we may modify, replace, refuse access to, suspend or discontinue providing the Service, or change the prices in our sole discretion with no liability of us.

3. Technical requirements

We assure that the Service will operate with the latest official version of Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed with “cookies” and JavaScript enabled.

4. Registration and Use of the Service

Upon successful account registration you subscribe to the Service and agree to:

  1. observe these Terms of Service as well as the Experiture Anti-Spam Policy and Privacy Policy or their amended versions and any other policy developed, published and formulated by Experiture in connection with the Service;
  2. maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
  3. send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
  4. conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
  5. remove or quarantine all data and information of any person who has previously stated verbally and/or in writing that he or she does not wish to receive Services made by or on behalf of you;
  6. keep the secrecy of login credentials provided to you;
  7. receive commercial information about the products and services of Experiture.
5. Payments

You are obliged to pay in due time all fees for the use of the Service according to the Account plan you have chosen. We offer monthly and annual subscription. The current pricing is available by request.

Access to the Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services will be added to the payment price in accordance with currently effective rates.

You may pay fees using a check or credit card. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. We are not responsible for any fees charged by credit cards issuers.

We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days and a year has 360 days.

We will monitor for the peak number of Transactions accumulated in all your campaigns in a given month, which means that Transactions are unique within the entire Account. If you exceed the monthly Transactions amount you purchased, the following rules will apply:

  1. you will pay an extra “Transaction Fee” above and beyond the monthly subscription price that you have initially purchased under your Account plan;
  2. if you exceed the maximum number of Transaction limits offered at the Experiture pricing level to which you are subscribed, the Additional Transactions Fee will be calculated as explained in point a) above.
  3. all additional payments mentioned above must be paid in the month directly following the month in which the Transaction limit was exceeded.

We reserve the right to change the fees for the Service at any time without notice. The new pricelist applies to all new Accounts and upgrades.

6. Content

All and any information, data, text, graphics, logos, video, software, music or other materials that you post, upload, transmit, stream or otherwise make available on your landing page(s) or email(s) with the use of the Experiture Service, or that your visitor uploads, posts or streams (“Content”) are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you retain all right, title, a