Terms of Use

Last updated: November 11th, 2023

Effective: November 11th, 2023

Access to your Churn Solution Account

The following terms and conditions govern all use of the Churn Solution (“the Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Churn Solution Privacy Policies) and procedures that may be published from time to time on this Site by Churn Solution (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Churn Solution, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, compile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for time sharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Churn Solution reserves the right to bar any such activity. User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Churn Solution server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means. User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Churn Solution’s systems or networks, or any systems or networks connected to the Service or to Churn Solution. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

Fees and Payment

Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Churn Solution the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Registration; Security

As a condition to using certain products and services of the Service, User may be required to register with Churn Solution and select a password. User shall provide Churn Solution with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. Churn Solution reserves the right to refuse registration of, or cancel a Churn Solution User in its discretion. User shall be responsible for maintaining the confidentiality of User’s Churn Solution password and other account information.

Termination

Churn Solution may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Churn Solution account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Churn Solution if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Churn Solution’s notice to you thereof; provided that, Churn Solution can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Churn Solution at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Churn Solution in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

Warranties

If User is a Customer, Churn Solution makes the following warranty to Customer: Churn Solution shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer’s sole remedy, and Churn Solution’s exclusive liability, for defects in the Service shall be for Churn Solution to use commercially reasonable efforts to promptly correct such defects. Customer represents and warrants that: (i) with respect to all information it provides to Churn Solution (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow Churn Solution to use such information to provide the Service (including, without limitation, for Churn Solution to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

Warranty Disclaimer

The Website is provided “as is”. Churn Solution and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither Churn Solution nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Security

In no event will Churn Solution, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Churn Solution under this agreement during the twelve (12) month period prior to the cause of action. Churn Solution shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Churn Solution Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Privacy

Churn Solution’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. Churn Solution strongly recommends that you review the Privacy Policy closely.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Churn Solution or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Churn Solution and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Churn Solution or its software suppliers and protected by United States and international copyright laws.

Indemnification

You agree to indemnify and hold harmless Churn Solution, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.