Welcome to the Seguno Software, Inc. (“SEGUNO”,” “WE,” “US,” “OUR”), our mission is to help commerce marketers maximize profit and drive revenue through automation. Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern your use and access of the Service. Seguno reserves the right to update and change the Terms of Service from time to time by posting an updated version of such Terms of Service (www.seguno.com/terms) at no later than thirty (30) days prior to the posted effective date of such update. If you continue to use or access the Service after the posted effective date, you hereby agree to the updated Terms of Service. Your use of any new features, changes, and enhancements to the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
BY SIGNING UP FOR AN ACCOUNT OR BY USING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER’S ACCOUNT FOR THE SERVICE.
DESCRIPTION OF THE SERVICES. Seguno provides a software data platform that combines software usage and customer data with tools to automate and analyze personalized discounting strategies (the “Services”).
SERVICES REGISTRATION. (i) You must provide your legal full name, a valid email address, and any other information requested during the account signup process in order to obtain an account. You must ensure that all account information remains complete and accurate. (ii) You must be a human. Accounts registered by “bots” or other automated methods are not permitted. (iii) You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. Seguno cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
The Services, together with the www.seguno.com website and any other linked pages, features, content, or application services offered from time to time by Seguno (collectively, the “Website”), are owned and operated by Seguno. Subject to the terms and conditions of this Agreement, Seguno hereby grants you a non-exclusive license, with no right to sublicense. Seguno may change, suspend or discontinue the Services at any time. Seguno may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
COPYRIGHT AND CONTENT OWNERSHIP. The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of Seguno. The look and feel of the Service is copyright ©2017 Seguno Software, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without express written permission from Seguno. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
YOUR CONTENT. In the course of using the Services, you may provide information which may be used by Seguno in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to Seguno or in connection with the Services (collectively, “Your Content”), Seguno hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, sub-licenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with Seguno’s provision of the Services. For clarity, the foregoing license grant to Seguno does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You also warrant, represent and agree that you will not contribute any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iv) impersonates any person or entity, including without limitation any employee or representative of Seguno, or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Seguno reserves the right to remove any content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Seguno is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
WARRANTY DISCLAIMER. THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Seguno OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
OTHER CONDITIONS. (i) Your use of the Service is at your sole risk, and Seguno makes no representations that the Service will increase revenue in your marketing campaigns. (ii) You understand that Seguno uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Seguno is not responsible for any failures attributable to third parties. (iii) You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. Seguno shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other network.
INDEMNITY. You will indemnify and hold Seguno, its subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEGUNO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEGUNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN SEGUNO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO SEGUNO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
FEES AND PAYMENT. Seguno reserves the right to require payment of fees for certain or all Services. If the amount of data collected in providing your Service significantly exceeds the average amount of data collected (as determined solely by Seguno) of other Seguno customers at your subscription level, we reserve the right to immediately disable your account or throttle your Service until you can reduce your bandwidth consumption.
THIRD PARTY WEBSITES. The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Seguno. When you access Third Party Websites, you do so at your own risk.
TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Seguno may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Seguno may also terminate or suspend any and all Services, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS. This Agreement shall be governed by the laws of the State of North Carolina without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, you agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Wake County, North Carolina, and in the federal courts located in the Eastern District of North Carolina. The failure of Seguno to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Seguno and govern your use of the Service, superseding any prior agreements between you and Seguno. Furthermore, Seguno may transfer, assign or delegate this Agreement and its rights and obligations without consent.