Terms of Service

Last modified: July 27, 2020

Terms

These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using erxes Inc Services (the “Services”), such as erxes Cloud, erxes Support, or any other services we may provide to you, the customer. Please read them carefully.

Legal Binding

These Customer Terms form a part of a binding “Contract” between Customer and us. “Customer” is the organization that you represent in agreeing to the Contract. If your Instance is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the Instance. When you create an Instance, invite users, or use or allow use of that Instance after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.

Customer Data

When a User (including you) submits content or information to the Services, such as messages or files (“Customer Data”), you own and retain all rights to the Customer Data. This Agreement does not grant us any ownership rights to Customer Data. You grant permission to us and our service providers to use the Customer Data only as necessary to provide the Service to you and as otherwise permitted by this Agreement.

We may monitor use of the Service by all of our customers and use the information gathered in an aggregate and anonymized manner. This information is only used for internal purposes and to improve our Services.

You may import and/or export all your Customer Data from your General Settings. You may also request that your account is deleted, together with all messages you have previously sent and your personal information, such as names and email addresses of your clients. Your account and all accompanying personal and client data is deleted with prior notice through your email if you don’t use your account for 30 consecutive days.

Legal Age

To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age. You may not access or use the Services for any purpose if the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.

Duties and Unacceptable Conduct

You agree to abide by the following list of duties and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access.

You must:

  • comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies;
  • upload and disseminate only Customer Data to which you own all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;
  • keep passwords and all other login information confidential;
  • monitor and control all activity conducted through your account in connection with the Services;
  • promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and
  • comply in all respects with all applicable terms of the third party applications that you access or subscribe to in connection with the Services.

You may not:

  • share, transfer or otherwise provide access to an account designated for you to another person;
  • use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
  • upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of erxes Inc or any third party;
  • attempt to reverse engineer, decompile, hack, disable, interfere with, modify, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
  • attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
  • use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
  • impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, or any other User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
  • use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • place any advertisements within a erxes Inc. client;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • use contact or other user information obtained from the Services (including email addresses) to contact Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Users for use outside of the Services; or
  • authorize, permit, enable, induce or encourage any third party to do any of the above.

Limitation of Liability

If we believe that there is a violation of the User Terms or any of our other policies that can simply be remedied by removal of certain Customer Data or taking other action, we may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.

NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

General Provisions

Email and erxes Messages

Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Users through the Services (e.g., a bot notification). Notices to erxes should be sent to [email protected] A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

Modifications

As our business evolves, we may change these User Terms. If we make a material change to the User Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Governing Law; Venue; Waiver of Jury Trial; Fees

The User Terms, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law of California, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Entire Agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail, followed by the pages referenced in these User Terms (e.g., the Privacy Policy).

Contacting erxes Inc

Please also feel free to contact us if you have any questions about erxes User Terms of Service. You may contact us at [email protected] or at our mailing address below:

6525 Woodman Avenue, Los Angeles, California, USA, 91401 Tel: +1 617 506 9010

Partner Programs

Effective date: July 1, 2020

General Terms

  • By participating in erxes Partner Program, you (“You” or “Referrer”) may use a personalized link to share with your audience (“Referred Customers”). Subject to these Terms and Conditions (“Terms”), when your Referred Customer uses your active personalized link to make a purchase from erxes SaaS dashboard, you will earn a recurring 20% commission (the “Reward”).

  • Either the affiliate or the erxes team may terminate this Agreement at any time.

  • If you are an individual, you must be at least the age of 18 (or the age of majority in your state, locality or jurisdiction in which you reside) in order to become a partner.

  • We reserve the right to change or discontinue any of the Partner Programs at any time. We may change our policies, terms, and operating procedures at any time and your continued use of the Partner Program is your assent to the change or modified policies, terms, and operating procedures. Product/Service prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your site, you may not include price information in your descriptions. We will use reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product/Service.

  • You cannot refer yourself to earn a Reward and purchases by Referred Customers who share your email address, billing address or shipping information will not qualify for a Reward. When sharing a Referral link, you agree that you will always tell your Referred Customers that you will receive a reward from erxes if they make their first purchase using your link.

  • We may reject your Partner Program enrollment for any reason with prior notice through your email address.

  • Anti-Spamming Policy. We prohibit you from engaging in any form of unsolicited commercial emailing (commonly referred to as "spamming") or the sending of emails that are misleading, spoofed, contain misleading subject lines, contain inaccurate or misleading sender or recipient data, or violate applicable laws. For the purposes of our definition, spamming also includes similar, abusive behavior in a third party "chat room" or website or the sending of unsolicited or misleading Instant Messages, Chat Room, Newsgroup, ICQ or IRC messages. Such behavior could include automatically sending scripted text (and website URLs) disguised as "chat" or conversation into any third party chat room.

  • erxes at its own discretion and not as its exclusive remedy, reserves the right to suspend, terminate or by any other method, discipline any Program Partner without further notice or pay if it is determined that the Partner was spamming or in violation of this provision or in violation of applicable law.

  • You hereby represent, agree, and warrant that you shall only send commercial email to those who opted-in and consented to receive such commercial email and you further represent, agree, and warrant that as proof of the above you shall maintain, use, and update in real-time an "Email Database" that contains a full audit trail of all persons or entities who opted-in and consented to receive any commercial email advertisements sent by you (or at your request) during the term of this agreement including, the date of the opt-in consent, the manner, date, time, location (URL if by web form), scope, and method of the opt-in consent, the email address (and PII and/or Static IP address if obtained) that opted-in, and all the emails sent to such email address, and requests to opt-out by such email address along with the manner, date, time, location (URL if by web form), scope, and method of such opt-out.

  • You hereby agree to act expeditiously to remedy any and all complaints of spam or unsolicited commercial email, including but not limited to, opting-out such persons from receiving further emails from you.

  • erxes will review each application and if deemed unsuitable for any reason will reject the application. If you wish to understand further information on why the application was declined you can email [email protected]

Affiliate Partner Terms

  • The term outlined here will begin upon erxes’s acceptance of your affiliate application and will end when terminated by either party.

  • Disclosure Terms.All affiliates have already accepted binding terms with Partnerstack (i.e., the platform on which the erxes affiliate program runs), and the following terms are specific to the engagement as an affiliate with the brand, erxes.

    • Promotional Methods Spyware, adware, parasite are, and cookie stuffing is not permitted. If your website offers a toolbar or browser extension we request for erxes to be disabled from this software. Any use of Toolbar promotions without the opportunity to opt-out will result in commission being reduced to 1%.
    • FTC Rules for Social Media – before every review or any ad post with an affiliate link, it must have #ad prior to the post if it includes a direct link to the merchant. You do not have to disclose if social media posts are only directed to your blog post. For any posts which have an affiliate link included and you have received a free product or you are endorsing a product you must disclose before the review a brief disclosure stating that you received the product in return for an honest product review and the post includes an affiliate link. Breach of these terms will lead to immediate termination from erxes’s affiliate program.

  • Trademark Bidding Terms. Affiliates cannot use the erxes logo in connection with keyword-triggered advertisements, including keyword, ad copy, display URL, destination URL and content networks and associated networks. Brand keywords include erxes and erxes.io. Affiliates cannot use keywords associated with erxes or associated trademarks and various misspellings, including, but not limited to, erxes, Erxes, ERXES, erxes.io, etc. We request that the major search engines including, without limitation, Google, MSN and Yahoo designate erxes and erxes.io as a "negative broad match keyword". Traffic generated by search engine ads from affiliates must land on the affiliate website, not any web-property of erxes (such as www.erxes.io).

  • erxes does not work with the following affiliate types: Toolbar/browser extension, PPC/search Spyware, adware, parasite are, and cookie stuffing is not permitted. Once erxes has approved an affiliate to the program, all terms & conditions and special terms must be adhered to. Failure to do so will result in loss of commission and/or removal from the program. If your website offers a toolbar or browser extension we request for erxes to be disabled from this software. Any use of Toolbar promotions without the opportunity to opt-out will result in commission being reduced to 1%.

Affiliates should also adhere to the following search guidelines:

  • Affiliates may NOT bid on the erxes or erxes.io trademark plus modifiers without prior written consent from the erxes partnerships manager.
  • Affiliates may only bid on SEM terms within the geographical region(s) authorized by the erxes Affiliate Program Manager.
  • Affiliates shall NOT bid on trademarked terms or misspellings available through websites, search engines or other directory or referral services (e.g., Google, Yahoo, MSN).
  • Such promotional tactics will result in automatic reversal of commissions and immediate dismissal from the erxes Affiliate Program.
  • Affiliates will NOT apply to register any domain name or trademark incorporating the erxes brand (or any part of it including misspellings as outlined in the Protected SEM Bidding Keywords section of the Search Engine Marketing Policy).
  • Affiliates may NOT use corporate-owned domains and URLs (e.g. www.erxes.io).
  • Affiliates will not attempt to mask or redirect links/URLs to gain additional sales.
  • Affiliates may NOT use ad copy that represents an ad as an official corporate ad or website.
  • Affiliates may NOT use ad copy that misrepresents the offers available or misleads the customer in any way from the offers authorized by erxes for the affiliate to use.
  • Affiliates will not send dedicated email blasts to affiliate contact lists unless affiliates receive prior permission from the erxes partnerships manager.
  • We do not allow the use of any PopUnder, PopOver, or SplashPage to be used as a result of traffic landing on any of our erxes Property Pages.