Between the user of our service (“you”) and Atipso GmbH (“us”), the ones that matter to you… and which form part of your contract with us.
- Use a device connected to the Internet with enabled cookies for the proper operation of our website and/or application.
- Use the latest versions of web browsers; because if you use older versions of browsers and/or other than the latest ones that are available, we do not guarantee the proper operation of our service.
- You may contact our technical support electronically via chat available after logging in, by e-mail at firstname.lastname@example.org and/or by phone at +43-7752-21112 from Monday to Friday (except calendar holidays in Austria) between 8.00 – 17:00 o’clock.
- We do not provide support for the use of any external services, and for extra services only on the terms set out in separate ToS or contract.
Registration and logging in
- You have to enter your name, company name, e-mail address (Login) and password for registration in the application and for subsequent logging; it is possible to change these at a later time. We use a double-opt-in procedure for our and your protection.
- We only cater to businesses (“Unternehmer”); we do not offer or provide our services to non-business-users (“Verbraucher”).
- You are automatically logged in the application and can use our service in a 14-day trial version once you have successfully completed the registration.
- You are required in the course of registration to provide your real company/business e-mail address, which is lawful and legal and which you have the right to use.
- When creating your account(s) for our service, you agree to provide true, accurate, current, and complete information.
- You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete.
- You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account(s) or password(s).
- If you have reason to believe that your account(s) is/are no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify us.
- We are not responsible for any profile information that may be lost or irrecoverable through the use of our website or services.
- You may be liable for the losses incurred by us or others due to any unauthorized use of your user account(s).
- The person who first completes our service registration on behalf of any subscribing organization is the initial “administrator” for purposes of such subscribing organization’s use of our service, and exercises certain options to initially determine the level of access, privacy, and security for our service related to the subscribing organization (“administrator account”).
- The administrator will determine who can be a user of our service under the organization associated with that administrator and subscribing organization and the level of privileges that such users will possess.
- We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Service and Integration
- By using our services, you are able to add and upload content in order to create and edit landing pages and other websites, forms, games and much more. You agree that you are solely responsible for all content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.
- Where payment of your account is not made after the 14-day trial period, it is possible to log in to the account for 90 days to pay for our service, edit the details or delete your account. After such period, we have the right to delete your account.
- We reserve the right to delete a landing page containing materials and/or data violating these ToS upon becoming aware of the infringement referred to in these ToS (notice and takedown procedure).
- You grant us a non-exclusive license to use the content you upload in order to provide our services to you, including, but not limited to, troubleshooting and publishing your pages. This use may include, without limitation, the right to host, index, cache, store, or otherwise format your content.
- We make no guarantee regarding: (a) the number of visitors, views, or conversions on any of your pages; or (b) the compatibility of any software, hardware, or content with our website or services.
- You may integrate your account with selected third party services; the option to use third party services may be limited based on the ToS of these providers.
- Upon integration with an external service, you agree to exchange your information and data (including confidential information) between us and the external provider in order to enable you to fully use the integration. The integration is executed by you. You may ask us for support.
- From time to time and at our sole discretion, we may initiate beta tests. We may implement, run, suspend, or terminate a beta test at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or other adjustment to our website, services, or means of providing our services, will become part of our services. We may deliver (and subsequently cease delivering) a beta test to all or any subset of our account holders at our discretion without prior permission at any time. If we decide to incorporate a tested product or service into our platform, we may adjust our prices accordingly. We accept no liability for any consequences resulting from, or related to, your participation in a beta test.
Term and Termination
- The contract is concluded upon your registration and remains in force and effect for up to 90 days if the account is not paid, or until you delete your account upon the end of the notice period.
- You and we may terminate the contract by a unilateral declaration of intent sent using an ICT system by us or by clicking the “Cancel” button in the application at any time. The termination is effective upon the expiry of the last billing period.
- We are entitled during the term of the contract to block your account in the absence of your payment and/or in case of gross violation of these ToS by you.
- If you do not want to make a payment, our service ceases to be active and your account will be suspended until the next payment is made.
- In the absence of funds on your payment card, the payment for each unpaid billing period is charged retroactively. If it is not possible to collect the payments, then your account will be suspended. Your account will be unsuspended only when the overdue payment is made.
- Where a payment by card is selected as the payment method, we may suspend your account by cancelling your subscription. Your account is then suspended upon the last day of the current billing period. No payments are collected for the duration of the account suspension. Our service may be unsuspended at any time, not later however than within 90 days from the date of suspension.
- You agree to receive invoices electronically; invoices are displayed in the application only after you have logged in.
- You are responsible for all charges incurred under your account made by you or anyone who uses your account(s) (including your co-workers, colleagues, team-members, etc.).
Intellectual property rights
- All rights to our website and/or application and/or materials entered into the application by us vest in us.
- It is forbidden to use our website and/or application in a manner that infringes our rights and/or of third parties. Upon becoming aware of a violation of intellectual property rights, we will take the relevant legal measures against the violating party.
- The designation “DragDopr” in its word and/or graphic form identifies one of our products, which is present in trade without any temporal or territorial limitations. “DragDropr” is our trade name.
- It is forbidden to distribute any elements of the website and/or the application, including in particular our logo, without our written consent.
- You may not delete, cover, prevent the reading of or modify trademarks, copyright notices or other designations regarding intellectual property rights.
- It is also forbidden to copy, trade, distribute, modify the materials outside the application or create dependent works based on material available in the application for use outside of the application, without our prior written consent.
- Entering to the memory of electronic devices (e.g. a PC), including servers forming a part of ICT systems
- Permanent and/or temporary duplication and/or copying, with the use of any techniques, in whole or in part, in an unlimited number of copies, in particular with the use of any known printing, digital, magnetic recording, copying and printing techniques, duplication with the use of any vision and computer technologies, in any system, format and on any media, including the exchange of such media, without limitation in print, in ICT networks or digitally.
- Public and/or non-public provision within the framework of the provision of electronic services, free of charge, irrespective of territorial, temporal or linguistic restrictions.
- Public and/or non-public distribution by any means of wireless and wireline transmission for the dissemination of marks, sounds and/or images, permanently and/or temporarily, in any technology, free of charge at the place and time chosen by other users and/or third parties.
- Use only materials, personal data and/or digital content, for which you have full right of use (these may not infringe the rights of third parties).
- Check beforehand that you meet the technical requirements to use our website and/or application.
- Not to use our website and/or application in a manner that interferes with the functioning of our service.
- Not to use our website and/or application in a manner that violates the law.
- Not to upload or transmit via our services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
- Not to use our services in any manner is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes.
- Not to use our services in any manner is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy.
- Not to use our services in any manner that is harmful to minors in any way.
- Not to use our services in any manner that is hateful or discriminatory based on race, color, gender, gender identity, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable.
- Not to use our services in any manner that in our sole discretion could damage, disable, overburden, or impair it.
- Not to use our services in any manner that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests.
- Not to attempt to gain unauthorized access to our services, or any part of them, other user accounts, computer systems or networks connected to our services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of our services or any activities conducted on our service.
- Not to modify our services in any manner or form, or use modified versions of our service, including but not limited to for the purpose of obtaining unauthorized access to our service.
- Not to use any robot, spider, scraper, or other automated means to access our services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to our service.
- Not to impersonate another person or access another user’s user account without that user’s permission or to violate any contractual or fiduciary relationships.
- Not to share passwords issued by us with any third party or encourage any other user to do so.
- Not to misrepresent the source, identity, or content of user data.
- Not to modify, adapt, translate or create derivative works based upon our services.
- Not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Unless you are or represent a white label customer or an agency, not to rent, lease, loan, resell, sublicense, distribute or otherwise transfer our services to any third party; provide time sharing or similar services for any third party; or use our service for any purpose other than your own internal business use.
- Not to remove, circumvent, disable, damage or otherwise interfere with security-related features of our services, features that prevent or restrict use or copying of any content accessible through our service, or features that enforce limitations on use of our service.
- Not to access our services if you are a direct competitor of us, except with our prior written consent, or for any other competitive purposes.
- Not to collect or harvest any personally identifiable information, including account names, from our services.
- Not to use our services in any manner to contact your subscribers at such a rate that your bounce, abuse, or unsubscribe rates move above our acceptable use limits. If any or all of these rates move above our internal threshold we reserve the right to pause or terminate your account.
- Not to use the our services to email subscribers who have not explicitly opted in to hear from you. This means you agree not to send emails to purchased subscribers, purchased lists, or subscribers attained through co-registration (where a subscriber is added to your list from filling out a form on a different website).
- Take care of language correctness, avoid profanity, not to post hyperlinks to websites whose content may violate or is in breach of the provisions of these ToS and/or the law.
- Use our website and/or application as intended, in accordance with the law, the provisions of these ToS and the rules of social conduct.
- Not to use our service in order to conduct terrorist activities, sabotage or other criminal activity or to violate the law, in contract or in tort, including, in particular, by publishing materials insulting any person or infringing their rights, containing threats, invectives, promoting hatred towards persons and/or animals or in any way harassing the same, posting paedophile materials, content visualizing and/or promoting crime, profaning, offensive, violating or likely to violate personal rights or other legally protected rights of persons, posting materials attacking, degrading and/or supporting violence or encouraging crime.
- Each time upon addition of material, to grant us a license referred to in these ToS.
- Not to access the accounts of other users that are not managed by you (e.g. by cracking passwords).
- Not to generate excessive or disproportionate traffic on the connections or other infrastructure used to provide our service.
- Keep your password strictly confidential.
- Not to make available your account to any other users and third parties.
- You represent that you are of legal age to form a binding contract and are not a person barred from using or receiving any of our services under the laws of Austria or any other applicable jurisdiction.
- Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.
Your additional duties as a white label plan user
- Not to offer lifetime to third parties.
- Not to sell our service using our mark/brand.
- Not to sell identical packages as ours at lower prices than we do.
- Not to offer a period for which access is purchased longer than the date of expiry of the user account.
- Not to use our marketing materials, such as: video, content, advertising slogans, case study, portfolio.
Your rights and duties under the contract may not be transferred to other parties and/or persons without our knowledge and consent, and you must not transfer / sell / dispose of your account for the benefit of any other party. We are the sole party authorized to provide our service to the person who has registered.
- Use software that protects devices connected to the Internet and that protects the identity of persons using the Internet.
- Avoid using our website and/or application through public Internet networks (e.g. public WiFi) or accidental hardware.
- Not to save the Login and password in the web browser.
- Not to use the same phrases as the account Login and password.
- Set passwords that differ from obvious guesses, such as “admin”; “qwerty”, “business name”, etc.
- At our sole discretion change the properties and functionalities of our service if this does not result in a deterioration of the quality of our service provided to you.
- Use your materials added to the landing page as part of the license granted by you referred to in these ToS.
- Delete your account after 90 days if no payment has been made.
- We reserve the possibility of temporary unavailability of all or part of our website and/or application and/or the landing page for technical reasons, in particular related to maintenance or modifications; we will make every effort to ensure that such unavailability is as least disruptive to you as possible.
- In the event of a breach of these ToS by you temporarily block access to your account for your fault and/or suspend the provision of our service and ask for explanations.
- In the event of repeated breaches permanently block access to your account.
- You are fully liable for your activities related to the use of your account.
- We have no influence on how you manage your account or which materials you add or marketing campaigns you operate or whether or not you modify the same.
- You are solely responsible for ensuring that your content is compatible with our website and/or services. We disclaim any liability or responsibility for any unauthorized use of your content by third parties or other users of our website or services, and are not responsible for protecting your content.
- We make no warranty that user data will be free of any virus, worm, trojan horse, easter egg, time bomb, cancelbot, or other destructive or malicious code or programs. You agree to waive, and hereby do waive, any rights or remedies you have or may have against us with respect to third party and/or user data that you choose to access, store or distribute, through our service.
- We are not responsible for the acts, omissions, or failures of any third-party content, service, network, or software or hardware provider, including but not limited to, internet service providers, hosting services, telecommunications providers, content provided by other users, or any software or hardware not provided by us.
- Any material downloaded or otherwise obtained through the use of our website or services, including, but not limited to, landing pages and leads csv files, is done at your own discretion and risk. You agree that you, solely, are responsible for any damage to your computer system or other device, and/or for any loss of data that may result from the download of any such material.
- No advice or information, whether communicated orally or in writing, from our employees, or via our website or services, shall create any warranty not expressly stated in this agreement.
- Our website and services are offered and controlled by us from our facilities in Austria. We make no representations that our website or services are appropriate or available for use in other locations. Those who access or use our website or services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Under no circumstances, including, but not limited to, negligence, will we or our affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on our service, or any other interactions with us, even if we or a by us authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
- In no event will our or our affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of our service, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing our service during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred Euro, whichever is greater. You agree not to pursue claims in excess of such amount.
- You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to our service, including any data or work transmitted or received by you;
- your violation of any term of these ToS, including without limitation, your breach of any of the representations and warranties above;
- your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
- your violation of any law, rule or regulation of Austria or any other country;
- any claim or damages that arise as a result of any of your user data or any other data that are submitted via your account; or
- any other party’s access and use of our service with your unique username, password or other appropriate security code.
- We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
- The External payment Channel is liable for the processing and protection of personal data and other data provided to it by the user in order to process the payment.
- In the event of receiving an official notice or becoming reasonably aware of the unlawful nature of the data, including personal data made available by you, we will contact you to clarify the matter and will act according to the terms set out in these ToS (we will order deletion of data or block the account or, as a last resort, delete the account) and the law, i.e. the notice and take down procedure.
- Our website may contain hyperlinks to websites owned and managed by third parties; we will not be held liable for the availability or quality of such websites.
- We do not guarantee the repair time from a failure of our service and/or the application and/or the landing page or the response time to take corrective action to remove the fault, re-enable the website and/or the application and/or the landing page.
- If you wish to have a guaranteed response time, a separate service Level Agreement (SLA) must be signed.
We are not liable for
- Incorrect data provided by you.
- Lack of your access to the Internet, or for restrictions in such access.
- Limitations and/or incorrect operation of software or devices owned by you and used to take advantage of our service.
- Losses suffered and profits lost by you as a result of
- disclosure of the password to your account for reasons attributable to you;
- your acts or omissions, and in particular an improper use of the application;
- an event of Force Majeure;
- acts and/or omissions of third parties not bound by the terms of the contract, which remain beyond the control of our service Provider;
- you having violated the law or provisions of these ToS, and your account having been blocked or suspended by us.
- Payments made with the use of an External payment Channel, as well as the manner in which data, including personal data, is processed by such an External payment Channel
- Links redirecting to third party websites; such websites are owned and managed by their respective administrators or service providers, as the case may be; we will not be held liable for the availability or quality of such websites.
Your participation in the program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to us by your own website or personal referrals.
- By signing up for our program, you indicate your acceptance of this agreement and its ToS.
- We reserve the right to approve or reject any affiliate program application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your affiliate program application.
- Commissions will be paid once a month. For an affiliate to receive a commission, the referred account must remain active for a minimum of XXX days.
- You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
- Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
- Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks etc.).
- Spamming (mass email, mass newsgroup posting etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under any applicable laws.
- Violation of intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with our service, however, is acceptable.
- Self referrals, fraudulent transactions, suspected affiliate fraud.
- In addition to the foregoing, we reserve the right to terminate any affiliate account at any time, for any violations of this Agreement or no reason.
- You may use graphic and text links both on your website and within in your email messages. You may also advertise the OptinMonster site in online and offline classified ads, magazines, and newspapers.
- You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined above.
- Pay Per Click (PPC) Policy bidding is not allowed without prior written permission.
- We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the program and/or to our website(s).
- We do not make any expressed or implied warranties with respect to the program and/or the memberships or products sold by us. We make no claim that the operation of the program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
- The term of this agreement begins upon your acceptance in the program and will end when your affiliate account is terminated.
- The ToS of this agreement may be modified by us at any time. If any modification to the ToS of this Agreement are unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
- You as an affiliate shall indemnify and hold harmless us and our affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by us to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of affiliate.
- You indicate your acceptance of this agreement and all of the ToS contained or referenced in this agreement by completing our application process.
- Complaints should be filed electronically within 30 days of discovering a fault (e.g. faulty operation of our service) to our technical support.
- Your complaint should include
- Accurate description of irregularities (including time and place of occurrence)
- Indication of how the complaint should be resolved
- If the complaint concerns an error in the invoice, please provide the invoice number.
- The complaint is processed within the earliest possible date, but not later than 14 days.
- The date of filing a complaint will be the date of receipt of the complaint notice by us.
- Filing a complaint does not affect the billing period or the provision of our service.
- We may, in our sole discretion, modify or update these ToS from time to time, and so you should review this page periodically. When we change these ToS in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these ToS. Your continued use of our service after any such change constitutes your acceptance of the new ToS. If you do not agree to any of these terms or any future ToS, do not use or access (or continue to access) our service.
- The failure of us to exercise or enforce any right or provision of these ToS will not constitute a waiver of such right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by us.
- If any provision of these ToS, an Individual Service Agreement, or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these ToS to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- This, including the agreements incorporated by reference, constitutes the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by us as set forth in these ToS.
- These ToS will be interpreted and governed by the domestic laws of Austria, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Austria.
- By using this Website you expressly agree, acknowledge and consent to personal jurisdiction in Austria and that venue for any dispute between you and us relating to your use of our service and website, these ToS shall be exclusively in the court of Ried im Innkreis.