Terms and Conditions
Last updated: February 03, 2020
Please read these terms and conditions carefully before using Our Service.

 

1.Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  1. Affiliate means an entity that controls, is controlled by or is under common control with the Company, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  2. Account means a unique account created for You to access our Service or parts of our Service.
  3. Company or Factoreal (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Factoreal, a division of Comviva Technologies USA Inc, 6440 Southpoint Pkway Ste 300 Jacksonville, FL 32216.
  4. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  5. Country refers to: United States and for the purposes of governing law shall mean the laws of the State of Florida, USA
  6. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  7. Fact refer to the Company’s credit system that enables You to purchase packs to top-up your Subscription and run campaigns based on need and shall be classified as Free Facts or Paid Facts depending on the Programs Subscribed to.  
  8. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  9. Free Trial refers to a limited period of time that may be free when Subscribing to a Program.
  10. Grace Period shall have the meaning set forth in Section 3.d
  11. Orders mean a request by You to Subscribe to Programs from Us.
  12. Programs refer to the items offered for sale on the Service.
  13. Service refers to the Website.
  14. Subscriptions refer to the Programs or access to the Service offered on a subscription basis by the Company to You.
  15. Subscription Term refers to the term of the Subscription.
  16. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  17. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available through the Service.
  18. Website refers to Factoreal, accessible from www.factoreal.com
  19. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2.Agreement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3.Subscriptions

a.Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.


At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

b.Subscription cancellations

You may cancel Your Subscription renewal online through the Service itself or by contacting the Company.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

c.Purchasing Credits

Factoreal has the concept of Pay As You Go (PAYG) to help manage the changing business demands of the customer. This is through our credit system called “Facts”. Facts are used to pay for the transaction volume (number of emails, number of social posts, Ads, text messaging etc.). For example, You may need 1 Fact to send 1000 emails in a campaign. These may vary as deemed fit by Factoreal, and will be visible clearly on the pricing information online.

Once a Program is Subscribed, You automatically get free credits (called Free Facts). The amount of Free Facts credited will be clearly indicated and may vary as deemed fit by the Company. The Free Facts are valid only within the same Subscription Term and do not carry forward.

You can purchase additionally paid credits (called Paid Facts) and top up their Facts to do more on the Service as and when needed. This way You never have to purchase higher Subscription tiers just for volume of campaigns and transactions. The Paid Facts will carry forward across Subscription Terms as long as the Subscription is active and is not in cancelled state at any time. The Paid Facts will not expire even during the Grace Period, but cannot be used, till the payment is cleared.

All Facts expire once the Subscription is cancelled. All Facts are exclusive, non-transferable, non-encashable and non-refundable once purchased.

d.Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, Your account will be suspended and enter a Grace Period. During the Grace Period, You can use the Programs in a “read-only” mode. You can view reports, dashboards, contacts etc.., but will not be able to execute any campaigns or journeys. The Grace Period is defined as 3 months from the end of previous Subscription Term.

If the account enters Grace Period, then the account can be made active by paying for the new Subscription Term. Beyond the Grace Period, if payment is still not made, the account is archived. Archived accounts can be re-instated on the payment of a one-time fixed fee. Archived accounts will be automatically deleted from the Service after 1 year from the end of the Subscription Term.

e.Taxes

The fees and rates quoted for any Programs in any Service are exclusive of taxes which shall be reflected in the final bill.

The Company, in its sole discretion and at any time, may modify the Subscription fees and the Fact purchase plans. Any change will become effective after the end of the then-current Subscription Term.

f.Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees and the Fact purchase plans. Any change will become effective after the end of the then-current Subscription Term.

The Company will provide You with reasonable prior notice of any change in fees to give You an opportunity to cancel Your Subscription before such change becomes effective.

Your continued use of the Programs after the fee change comes into effect constitutes Your agreement to pay the modified fee amount.

g.Refunds

Except when required by law, paid Subscription fees and Facts are non-refundable and non-encashable.

Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

h.Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You have cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

4.User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on the Service.


You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.


You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5.Content

a.Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its intellectual property, legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and to grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights (including without limitation) copyrights, contract rights or any other rights of any person.

b.Content Restrictions

The Company is not responsible for the Content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account.  The content of the message or program which is an advertisement shall comply with the applicable code and advertising standards.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, and may refuse or remove such objectionable Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

c.Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks, tradename and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

7.Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

8.Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read and abide by the terms and conditions and privacy policies of any third-party web sites or services that You visit.

9.Termination

We may, at our discretion, terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms and Conditions.


Upon termination, Your right to use the Programs will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

10.Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

11.CONFIDENTIALITY 

“Confidential Information” means all information provided by You or Us ("Discloser") to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include customer data, Content, and information about the Discloser’s business plans, technical data, and the terms of the Order.  Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser; (iii) is developed independently by the Receiver without use of the Disclosure’s Confidential Information; (iv) is rightfully obtained by the Receiver from a third party without restriction as to disclosure.

The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

12."AS IS" and "AS AVAILABLE" Disclaimer

The Programs and Service are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any supplier makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

13.Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Service by you, (b) your noncompliance with or breach of these terms and conditions, (c) your use of third-party products, including without limitation, Third-party Social Media Service, or (d) the unauthorized use of the Service by any other person using your Account or user information, or (e) the breach of Section 5, or (f) any claim that Content posted by You on the Service infringes a copyright or other intellectual property of any person. Company notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim to the extent possible; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on Us; (ii) requires Us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without Our prior written consent.

14.Governing Law

The laws of the Country, and specifically the laws of the state of Florida, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.  Any action may be brought against the Company under this Agreement only in a civil court situated in Jacksonville, Florida, USA.

15.Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company by writing to support@factoreal.com.

16.For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

17.United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

18.Severability and Waiver

a.Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

b.Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

19.Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

20.Contact Us

If you have any questions about these Terms and Conditions, You can contact us: