Welcome to Relevon.io, a website provided by Elite Ventures, a private limited liability company registered under the Laws of United States, having its registered address situated at 16192 Coastal Highway, Lewes, Delaware, 19958, United States, (hereinafter “Relevon”, “We” “Our” or “Us”).
These Terms of Service (the “Agreement”) are a legal agreement between You as the User and Relevon, that governs Your limited, non-exclusive and terminable right to the use of the Relevon Website and Services as defined herein. By creating an account, or otherwise making use of the Services, You agree to be bound by the terms of this Agreement.
If You do not agree to this Agreement, You must not sign up for an Account and shall not make use of any of the Services or the Website. By agreeing to this Agreement, You acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.
In order to use Services you must unconditionally consent to and accept the terms and conditions (including those regulating the processing of personal data) by signing up to the Services whereby you are entering into a legally binding agreement with Relevon.
We may amend this Agreement from time to time. We will provide You with advance notice of the modifications via email to the email associated to Your Account and by posting a written notice on Our Site and You hereby agree that this shall constitute adequate notice in this regard. All amended terms automatically take effect on the sooner of the day You use the Site and/or Services, or 30 calendar days after they are initially posted on the Site. Your use of the Site and/or Services following the effective date of any modifications to this Agreement will constitute Your acceptance of the Agreement, as modified.
“Account” shall mean an account with Relevon to use the Services;
“Agreement” shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with Relevon;
“Membership” means the subscription service that allows you to use Relevon to send email campaigns and manage your contacts.
“Applicable Law” shall mean the laws to which Relevon is subject, particularly the Laws of United States, where Relevon is incorporated and the Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), and any other laws as may be applicable from time to time;
“Confidential Information” shall mean all information provided by You or Us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party’s prior written approval;
“Data” shall mean content, Personal Data, information, Know-How and Confidential Information relating to Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries’, business, systems, processes, software and services, as the case may be;
“Intellectual Property Rights” shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;
“Know-How” shall mean unpatented information, knowledge, experience, formula, research, processes, studies, reports, Data and designs developed by and/or in Your possession;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Service/s” shall mean the software as a service (SaaS) offered by Relevon and having a variety of resources including but not limited to heatmaps, visitor recordings, funnels and form analysis, feedback polls, surveys, recruiters and other functionalities as developed and introduced by Relevon from time to time.
“Site/s” shall mean the website Relevon.io, in addition to any sub-pages that are integrated within this website;
“Subscription Plan” shall mean one of the different subscription packages through which You can use the Services as further.
“Subscription Term” shall mean the period of time for which subscription to the Services shall be made available by Relevon to You, subject to Your adherence to the obligations undertaken by virtue of this Agreement;
“Third Party/ies” shall mean any persons, whether legal or natural, which are neither You nor Relevon;
“Trial Period” shall mean free access provided to You by Relevon for a limited and established period of time, to the Services, which shall be granted at the sole discretion of Relevon, which access may be revoked by Relevon at any time without need of any prior notice;
“You” / “Your” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.
2. Relevon Service
2.1. To use the Site and benefit from Our Services, You must create an Account by completing a registration form, by providing Us with all required information. You agree to provide Us with complete and accurate information upon registration and to keep such information accurate and up-to-date during Your course of use of Our Service. You are advised to keep Your login credentials strictly confidential and to refrain from disclosing these to anyone. We shall not be held responsible for unauthorized access to Your Account arising from Your failure to keep Your login credentials safe and secure.
2.2. If You are using the Site or Services for and on behalf of a legal entity You may do so by creating a separate Account with Relevon. Any such separate Account or new organization site to Your existing Account shall be governed by the terms and conditions set forth in this Agreement and as further detailed in clause 2.6 hereunder. If You are using the Site or Service for and on behalf of a legal entity, You shall be, and shall be presumed to be empowered by and/or properly authorised for and on behalf of that legal entity and You and the legal entity shall be jointly and severally subject to this Agreement. If You no longer remain a duly authorised representative of the legal entity, You shall be responsible to immediately inform Relevon, in which case the legal entity shall remain subject to the Agreement, and the legal entity shall contemporaneously proceed to inform Relevon of the new authorised representative. Until a new authorised representative has been notified to Relevon, You shall remain responsible as aforesaid. Relevon shall not be held liable should a person without the necessary power / non properly authorised person enter into this Agreement for and on behalf of a legal entity.
2.3. We reserve the right for Us, Our contractors or Our employees, after obtaining Your prior consent, to access Your Account and the information that You have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.
2.4. It is Your responsibility to protect Your Personal Data and maintain the confidentiality of Your user information and passwords. You are also responsible for promptly notifying Relevon of any unauthorized use of Your account, or breach of Your Account information or password. To the extent that such loss has not been caused due to gross negligence, willful misconduct, fraud or bad faith by Relevon, Relevon will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by the Applicable Law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your intentional or negligent failure to safeguard user and password information and/or promptly notifying Relevon about any unauthorized use of Your Account or breach of Your Account information or password.
2.5. Your parent company or subsidiary(ies), as the case may be, shall be deemed to be a third-party beneficiary of this Agreement with the same rights and obligations attributed to You and Relevon under this Agreement and shall take on all responsibilities and obligations as if such parent company or subsidiary, as the case may be, were You.
2.6. Your account on Relevon (your “Relevon Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of Relevon Accounts for different types of Users. If you open a Relevon Account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Relevon with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s Relevon Account without permission. When creating your Relevon Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Relevon Account, and you must keep your Relevon Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Relevon Account. You must notify Relevon immediately of any breach of security or unauthorized use of your Relevon Account. Relevon will not be liable for any losses caused by any unauthorized use of your Relevon Account.
You may control your User profile and how you interact with Relevon by changing the settings in your Settings page. By providing Relevon your email address you consent to our using the email address to send you Relevon-related notices, including any notices required by law, in lieu of communication by postal mail. With your consent, we may also use your email address to send you other messages, such as changes to features of Relevon and special offers. If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link on the bottom of our emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
2.7. The person who first completes the Relevon registration on behalf of any company, entity or organization (“Subscribing Organization”) is the initial “Administrator” for purposes of such Subscribing Organization’s use of Relevon, and exercises certain options to initially determine the level of access, privacy, and security for Relevon related to the Subscribing Organization (“Administrator Account”). For example, the Administrator will determine who can be a User of Relevon under the Subscribing Organization associated with that Administrator and the level of privileges that such Users will possess. Once initial registration has been completed, each Subscribing Organization will be able to register additional Administrators). Each Administrator may designate other Users as additional and/or successor Administrators; provided that, each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. In addition, any person designated as the billing contact in the billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with all terms and conditions applicable to Relevon Accounts.
3. Relevon Rules
3.1. Prohibited on Relevon
This is simple; don’t use Relevon to do anything illegal, harmful or spammy. By spammy we mean the definition outlined at Spamhaus.
Additionally you agree not to: (a) use Relevon in any manner to send emails with the following content: offer or suggest any illegal goods, pornography, sexually explicit material, advice, drugs, novelty items, or pharmaceutical information or products, credit repair services or opportunities, prostitution or illegal escorts, free product/free sample giveaways, claim your money/benefit/assistance or similar, excessive third-party promotions, and “get rich quick” or similar content; (b) use Relevon in any manner to repeatedly import, send, and delete Customers from an account; (c) use Relevon in any manner to contact your Customers at such a rate that your bounce, abuse, or unsubscribe rates move above Relevon’s acceptable use limits; or (d) use Relevon to email Customers who have not explicitly opted in to hear from you (including, without limitation, purchased Customers, purchased lists, or Customers attained through co-registration (where a Customer is added to your list from filling out a form on a different website)).
3.2 Categories that may require additional scrutiny
In order to maintain strong deliverability for our customers the following categories are allowed but subject to additional monitoring. Traditionally these have had higher spam and unsubscribe rates so we do it to maintain strong deliverability for our customers.
- Online trading, day trading, or stock market related content
- Mortgages and loans
- Gambling and/or betting
- Nutritional, herbal, and vitamin supplements
- Multi-level marketing
- Dating or relationships
- Real estate
- Affiliate marketing
- Horoscope reports
By using Relevon, you represent and warrant that you meet all the requirements listed above, and that you won’t use the service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. Relevon may refuse service, close accounts of any users, and change eligibility requirements at any time.
3.3. Compliance with Applicable Laws
As part of Relevon, we may send marketing and advertising communications on your behalf to Customers. In connection with such communications and your use of Relevon, you hereby represent and warrant that: (i) you have all necessary consents, licenses, rights and authorizations for us to send such communications on your behalf; (ii) you will not, either directly or indirectly, direct us to send communications to any person under the age of thirteen (13) years of age (including, without limitation, by including any individual under the age of thirteen (13) in any list of Customers you may provide to us; and (iii) your use of Relevon (including, without limitation, your provision of User Content, your creation of communications for Customers, collection of Customer lists and contact information, and your instructions for us to send such communications to Customers on your behalf) will be in compliance with any and all applicable laws, rules and regulations, including (without limitation) any data privacy and advertising laws, in each jurisdiction in which you will be sending marketing communications to a resident of the jurisdiction. You agree that, as between the parties, you are the sender of any email message or other communication transmitted through the Service on your behalf. Relevon is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
3.4. Changes to Relevon
We may, without prior notice: (i) change Relevon; (ii) stop providing Relevon or features of Relevon, to you or to Users generally; or (iii) create usage limits for Relevon. We may permanently or temporarily terminate or suspend your access to Relevon without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
4. Subscription; Fees & Payment
We offer different Subscription Plans for Our Services. We will charge you fees (Fees) for your use of Relevon. You agree to pay any and all Fees specified in an ordering document or online order for your access and use of Relevon (“Ordering Document”). Your Fees are based on the number of Customers you identify for our marketing services and the number of emails you send to Customers. For the most current information about our pricing and payment, please review our Pricing page. Relevon may add new services for additional fees and charges, and add or amend fees and charges for existing services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing page. Any change to our Pricing page shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration and Fees for your use of Relevon, we agree that the Fees will remain in force for that duration. All fees quoted on Our site are exclusive of VAT or any other taxes that may be applicable in Your jurisdiction. For additional information on Our Subscription Plans, please Contact Us.
4.3. Trial Period
If you sign up for a Trial Period, Relevon may require you to provide it with a valid credit card or other payment method and start charging you automatically on the first day after the Trial Period is over, unless you cancel your account before the end of the Trial Period. The duration of the trial period is specified during the Account creation process. At the end of the trial period, You will be prompted to enter Your payment details if You have not already done so. If You’ve already updated Your payment details, Your credit card or PayPal account will be automatically charged on the displayed billing date on the billing section associated to Your Account on Our Site.
4.4. Continuous Subscription Services; Automatic Billing and Policies
Unless otherwise provided in an Ordering Document any purchases for access and use of Relevon are on an automatically renewing subscription basis. YOUR Relevon SUBSCRIPTION WILL COMMENCE UPON THE EFFECTIVE DATE OF THE ORDERING DOCUMENT AND WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR Relevon SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 4.4 OF THIS AGREEMENT. When you purchase Relevon, you expressly acknowledge and agree that: (1) Relevon is authorized to charge you at the beginning of each Subscription Term the Fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of Relevon, subject to automatic adjustment as described in Section 4.5 of this Agreement, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or Relevon is suspended, discontinued or terminated in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in Fees in accordance with Sections 4.1 and 4.5 and you authorize us to charge your payment method for the changed amounts.
4.5. Automatic Upward and Downward Adjustments
Fees are assessed according to a tier system based on the number of Customers or the amount of emails to be sent to Customers. For the initial Subscription Term, you agree to pay the Fees for the tier you identify in an Ordering Document. For subsequent Subscription Terms, in the event that the actual number of Customers or emails sent to Customers in a Subscription Term exceeds the number of Customers or emails sent to Customers in the previous Subscription Term, your Fees will automatically be increased to the corresponding higher tier and you will be charged the increased Fees for the subsequent Subscription Term. For subsequent Subscription Terms, in the event that the actual number of Customers or emails sent to Customers decreases in the subsequent Subscription Term, then we may automatically reduce your Fees to the corresponding lower tier for the subsequent Subscription Term.
4.6. Cancellation; Refunds
To cancel your Relevon Account or the Relevon services, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of Relevon. You may cancel your Relevon Account or the Relevon services at your sole discretion; however, Relevon grants refunds for cancellation at its sole discretion and you acknowledge and agree that you may not be refunded any Fees for your cancellation of your Relevon Account and the Relevon services. Notwithstanding the foregoing, if you cancel your Relevon Account or the Relevon services within thirty (30) days following the beginning of your initial Subscription Term, we may provide you a refund of the Fees you paid under your Ordering Document. In the event that Relevon suspends or terminates your Relevon Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of Relevon, any content or data associated with your Relevon Account, or for anything else.
4.7. Payment Information; Taxes
We or our third-party payment processors will charge your Fees and any other charges you may incur to the payment method you provide when you register for a Relevon Account or you identify in an Ordering Document. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Relevon must be accurate, complete, and current. You may change your payment method by changing the information in your Relevon Account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Relevon at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to Relevon and we shall be under no obligation to provide any or all of Relevon while the Fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Fees, purchases, transactions or other monetary transactions.
5. Customer Data
5.1. Customer Data
As part of Relevon, we may allow you to submit, store and access and we may collect certain Personal Data (as defined below), business data and other information related to your current and potential Customers, including (without limitation) subscriber lists and personalized email content (collectively, “Customer Data”).
5.2. Use of Customer Data
By submitting Customer Data to Relevon, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for Relevon and its subcontractors and service providers to provide Relevon. Relevon shall have no right to sublicense or resell Customer Data, except however, that you agree that Relevon may collect, analyze, and use data derived from Customer Data (including without limitation Personal Data) and/or information collected from or about an individual but which does not identify the individual personally for purposes of operating, analyzing, improving, or marketing Relevon and any related services. If Relevon shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Customer Data, such data will be aggregated or anonymized such that a specific individual is no longer identifiable. You further agree that Relevon will have the right, both during and after the term of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. You may request that Relevon delete Customer Data at any time, but agree that Relevon will have no obligation to delete information or data which is de-identified and does not reasonably identify any individual or you.
5.3. Your Responsibilities for Customer Data
5.4. Security Incidents
In the event that Customer Data is disclosed to or accessed by an unauthorized party, Relevon will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Customer Data, we will promptly notify you and will use reasonable efforts to cooperate with your investigation of the incident. If such incident triggers any third-party notice requirements, you (not Relevon) shall be solely responsible for the timing, content, cost and method of any such notice and compliance with applicable laws. You (not Relevon) bears sole responsibility for adequate security, protection and backup of Customer Data when in your or your representatives’ or agents’ possession or control. We are not responsible, and you are fully responsible, for what your authorized Users do with Customer Data.
5.5. No Responsibility for Backups
Relevon will not be responsible for any backup, recovery or other steps required to ensure that Customer Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your Customer Data.
5.6. Rights to Customer Data
You own all right, title and interest (including all Intellectual Property Rights) in and to Customer Data.
6.1. Either You or We may terminate this Agreement for cause as a result a material breach by the other party of the terms hereof in this Agreement, if the defaulting party fails to cure such material breach within fifteen (15) calendar days of its receipt of written notice of the breach from the non-defaulting party. In addition, We may immediately terminate this Agreement if You: (i) terminate Your business activities or become insolvent; (ii) admit in writing to the inability to pay Your debts as they mature; (iii) make an assignment for the benefit of creditors; (iv) become subject to direct control of a trustee, receiver or similar authority; or (v) do not pay the fees when due in accordance with Your Subscription Plan. In the event this Agreement is terminated for cause due to Your uncured material breach, You agree, without limiting any of Our other rights or remedies, to pay all remaining fees payable through the remainder of Your Term.
6.2. You may terminate this Agreement by requesting Your Account to be deactivated and deleted while logged into the Service. Relevon may also terminate Your right to use the Site and/or Services with or without cause at any time. Relevon shall notify You via email to Your registered email account if We terminate Your Account. Your obligation to pay accrued charges and fees accrued up to the date of termination, shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Services as set forth in Clause 7 and Our warranties as set forth in Clause 10 shall survive such termination.
6.3. Upon expiration of the Subscription Term, or termination, howsoever occasioned, Your Subscription Plan shall immediately terminate and consequently, You may make use of the free version of the Service.
6.4 Relevon is entitled to, in its sole discretion, to terminate your use of Services if you violate any of the terms and conditions set forth in these Terms or any applicable law. Any such termination of your access to the Services may be affected without prior notice and you acknowledge and agree that Relevon may immediately delete any information or files in your account (if any) and revoke any further access to Relevon without being liable to you or any third party. Relevon may also terminate Services without any reason whatsoever, at any time, by providing you with written notice of termination.
7. Limited Licences
7.1. Subject to this Agreement, Relevon grants You a limited, revocable, non-exclusive, non-transferable and non-assignable licence to use the Site and/or access the Services as a software as a service (SaaS) solution for enterprise, and commercial use subject to the other terms of this Agreement. You hereby agree not to resell any part of the Services. You shall not transfer, lease, sub-license, modify, reverse engineer, decompile or disassemble the Site and/or any part of the Services. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Site and/or Services without prior written authorization of Relevon. You represent and warrant that You shall not use the Services for illegal purposes or for the transmission of information that may be classified as unlawful, libellous, abusive, obscene or that infringes any rights, including Intellectual Property Rights of others.
7.2. You shall not permit Third Parties to use the Services, with the exception of clauses 2.5 and 2.6 above, including but not limited to shared use via a network connection, except under the terms of this Agreement.
7.3. In order to protect the Intellectual Property Rights to the Services, You shall not circumvent or disable any technological features or measures in the Services. You shall not use the Services, including in conjunction with, any device, program, or service designed to circumvent any deployed technological measures, in an attempt to control access to, or the rights in, a content file or other work protected by intellectual property laws.
7.4. Any such forbidden use as details above shall constitute a material breach of this Agreement and shall prompt Us, at Our own discretion, to immediately terminate Your right to access the Service. Any breach of this Clause shall make You liable for damages suffered by Relevon.
8. Proprietary Rights
8.1. Except as otherwise stated herein, all rights, titles and interest in the Site and/or the Services and any content contained therein is the exclusive property of Relevon. Unless otherwise specified, the Services are for Your limited use only and if You copy or download any information from this Site and/or Service, You agree that You shall not remove or obscure any copyright or other notices or legends contained in any such information.
8.2. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or Services obtained from the Site and/or the Services, except for the purposes expressly provided herein, without Relevon’s prior written approval.
8.3. Except for those Intellectual Property Rights that are already owned, registered or vested in Your name, or those Intellectual Property Rights that are created by or for You during the duration of this Agreement, all Relevon trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the Site and Services are proprietary to Relevon. Your use of any marks on the Site and Services in any manner other than as authorized in this Agreement, or as authorized in writing by Relevon, shall be strictly prohibited.
8.4. In the event that You provide Relevon with any suggestions, feedback, comments or improvements with respect to the Site and/or Services, You hereby grant Relevon with a non-revocable, sub-licensable and royalty free right and licence to make use of, copy, disclose, licence, and distribute such feedback, suggestions, comments or improvements in any manner without any obligations, of whatever kind, towards You. Nothing in this Agreement shall be construed as a limitation on Relevon to make use, develop and market any Services incorporating the feedback, suggestions, comments or improvements that You have provided.
8.5. In the course of performing the Services, Relevon will have access to some of Your Data. All rights, title and interest in the Data is Your exclusive property, except as otherwise provided for herein throughout this Agreement.
8.7. You acknowledge and agree that Relevon may disclose any Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your content and/or Data violates the rights of Third Parties; or (d) protect the rights, property, or personal safety of Relevon, the Site, the Services, its users, and the public.
9. Disclaimer and Limitation of Liability
YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ELITE VENTURES DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELITE VENTURES SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT, THAT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. NO ADVICE OR INFORMATION WHETHER VERBAL OR WRITTEN, OBTAINED FROM ELITE VENTURES OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Relevon is not liable for any delay in performance of its obligations under these Terms caused by circumstances that were not reasonably foreseeable by Relevon at the time of entering into these Terms and the effects of which could not reasonably be avoided or overcome, including but not limited disruption or delay in external networks or telephony connections or shortage in power supply. Relevon shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the use of Relevon or Services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
Relevon’ aggregate liability arising out the use of Relevon and/or Services will not exceed the amount you have paid to Relevon in the past twelve (12) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Relevon’ liability will be limited to the fullest extent permitted by applicable law.
10.1. Relevon warrants and represents to You that:
- The Intellectual Property Rights (including without limitation all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by Relevon as part of the Site and/or the Services do not, to the best of Relevon’s knowledge, infringe any Third Party Intellectual Property Rights when used in accordance with this Agreement;
- Relevon will only use Your Data in accordance with this Agreement, including its annexes; and
- Relevon represents and warrants to You that it has all necessary rights and authority to enter into the Principal Agreement and any Addendum to perform the Services.
10.2. You agree, in connection with Your use of the Service, to comply with all applicable export and re-export control laws and regulations. You warrant that You are not located in a United Nations Security Council sanctioned country and are not on a sanctioned persons list. You also warrant that You will not purchase the Service using funds sourced from a sanctioned country.
11.1. In no event shall Relevon, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to You or any Third Party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) Your use of or access to the Site and/or Services, or any content, products or services distributed on or provided through the Site and/or Services, (ii) for any failure or interruption of the Site and/or Services; whether arising out of errors, omissions, loss of Data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Relevon or its suppliers have been expressly advised of the possibility of such damages.
11.2. In any event, and without prejudice to the above, Relevon’s total maximum aggregate liability under this Agreement, including any annexes herewith, or in respect of the use or exploitation of any part or all of the Site or Services, the content or user material in any manner whatsoever shall not exceed Your monthly subscription fee.
12. Data Security & Retention
12.1. Relevon commits to securely storing data on behalf of Our customers in accordance with their Subscription Plan and timeframes corresponding to each Subscription Plan. All data exceeding the stated timeframe will be routinely and automatically deleted from Our systems.
12.2. You expressly acknowledge and accept that Relevon does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan. Relevon expressly disclaims all obligations with respect to archiving, storage and backup of Data.
12.3. Relevon uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. Assumption of Risk
13.1. You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Relevon has endeavoured to create secure and reliable Site and Services, Relevon is not responsible for the security of any information outside of its control. Relevon shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site and the Services.
13.2. You hereby declare that You are aware that as a result of the global nature of the Internet and World Wide Web, the Site and/or Services are available online and may generally be accessible from anywhere in the world at any time. Access to the Site and/or Services may not be legal by certain persons or in certain jurisdictions. Access to and use of the Site and/or the Services are at Your own risk and You shall be responsible for compliance with the laws of Your jurisdiction and any jurisdiction in respect of which You use the Site and/or Services. You agree to comply with all local flows regarding online conduct and acceptable content in any generated content.
14.1. The Site and/or Services may include links to certain websites, materials, or content developed by Third Parties. Relevon has not reviewed all of the sites linked to its Site and/or Services and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by Relevon of such material and Relevon shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. Relevon reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
15.1. Unless You specifically withdraw Your consent to this clause by sending an email at support@Relevon.io. You hereby acknowledge and consent to Relevon making use of any of Your marks, logos and trade names to identify You as Relevon’s user/customer on Relevon’s Site and/or Services, in addition to any other marketing material.
16. Enforcing Security
16.1. Actual or attempted unauthorized use of any of the Site and/or Services may result in the institution by Us of criminal and/or civil prosecution. For Your protection, We reserve the right to view, monitor, and record activity on the Site and/or Services without notice or further permission from You, to the fullest extent permitted by the Applicable Law, and only in accordance with this Agreement. This right extends to Our review of tracking activity and details pertaining to claimed violations by You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and/or Services.
17. DMCA Notice
17.1.Since we respect artist and content owner rights, it is Relevon’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via Relevon, please notify Relevon’s copyright agent as set forth in the DMCA.
17.2. For your complaint to be valid under the DMCA, you must provide the following information in writing:
17.3. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
17.4. Identification of the copyrighted work that you claim has been infringed;
17.5. Identification of the material that is claimed to be infringing and where it is located on Relevon;
17.6. Information reasonably sufficient to permit Relevon to contact you, such as your address, telephone number, and, email address;
17.7. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
17.8. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
|Company:||Elite Ventures, LLC. d/b/a Relevon|
|Address:||16192 Coastal Highway, Lewes, DE, 19958, United States|
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Relevon and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Relevon’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Relevon has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Relevon may also at its sole discretion limit access to Relevon and/or terminate the Relevon Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
18.1. Our Indemnification Obligations: We agree to indemnify, defend, and hold You harmless from and against any claims brought by Third Parties arising from or relating to Our violation of a Third Party’s Intellectual Property Rights directly arising out of Your use of the Services in accordance with the terms of this Agreement. Notwithstanding the foregoing, We shall have no indemnification obligation with respect to any claims (i) arising out of or related to Your Data (ii) to Your violation of any Applicable Laws; (iii) Your violation, whether alleged or actual, of any Third Party rights, including but not limited to Data protection and privacy rights.
18.2. Your Indemnification Obligations: You shall indemnify, hold harmless and defend Relevon, including any of its subsidiaries, officers, owners, partners, directors, employees, contractors, agents, subsidiaries, shareholders, licensors, suppliers and other partners (“Relevon Indemnified Parties”), to the maximum extent permitted, in full and in perpetuity, and at Your own cost, from any third party liabilities, claims, costs, expenses, obligations, losses or damages, excluding indirect damages and consequential loss that may arise from (i) Your unauthorised use of any material obtained through the Site and Services; (ii) Your use and access to the Site and Services which is not in accordance with this Agreement; and (iv) Your violation, whether alleged or actual, of any Third Party rights.
18.3. Indemnification Procedures: The parties’ respective indemnification obligations above are conditioned on: (a) the indemnified parties giving the indemnifying party prompt written notice of the claim, except that the failure to provide prompt notice will only limit the indemnification obligations to the extent the indemnifying party is prejudiced by the delay or failure; (b) the indemnifying party has full and complete control over the defense and settlement of the claim; (c) the relevant indemnified parties providing assistance in connection with the defense and settlement of the claim (as long as the settlement does not include any payment of any amounts by or any admissions of liability, whether civil or criminal, on the part of any of the indemnified parties), as the indemnifying party may reasonably request; and (d) the indemnified parties’ compliance with any settlement or court order made in connection with the claim. The indemnifying party will indemnify the indemnified parties against: (i) all damages, costs, and attorneys’ fees finally awarded against any of them with respect to any claim; (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by any of them in connection with the defense of the claim (other than attorneys’ fees and costs incurred without the indemnifying party’s consent after it has accepted defense of such claim); and (iii) all amounts that the indemnifying party agreed to pay to any third party in settlement of any claims arising under this Clause and settled by the indemnifying party or with its approval.
18.4. Infringement Remedy: If You are enjoined or otherwise prohibited from using any of the Services or a portion thereof based on a Third Party Intellectual Property infringement claim covered by Our indemnification obligations under this Clause above, then We will, at Our sole expense and option, either: (a) obtain for You the right to use the allegedly infringing portions of the Services; (b) modify the allegedly infringing portions of the Services so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the Services with non-infringing items of substantially similar functionality. If We determine that the foregoing remedies are not commercially reasonable, then We will promptly provide a prorated refund to You for any prepaid fees received by Us under this Agreement that correspond to the unused portion of the Term. The remedy set out in this Clause is Your sole and exclusive remedy for any actual or alleged infringement by Us of any Third Party Intellectual Property Rights in the event that You are enjoined or otherwise prohibited from using any of the Services or a portion thereof based on a claim covered by Our indemnification obligations under this Clause.
18.5. You shall be solely responsible with respect to defending any such claims, and for the payment of losses, costs, damages or expenses resulting from the foregoing to both a Third Party and to Relevon in connection therewith. You shall not, without the prior express written approval of Relevon, attempt to, or settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for Relevon. Provided that this clause shall survive termination of this Agreement, howsoever occurred, and termination of Your access and/or use of the Site or Services.
19. Governing Law and Dispute Resolution
19.1. This Agreement is governed by, and construed in accordance with the laws of United States of America. The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the exclusive jurisdiction of the United States, state of Delaware. Relevon shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to Your use of the Site and Services in the Courts of law of the country in which You reside.
20. Waiver of Jury Trial
20.1. You and Relevon waive their rights (if applicable) to a trial by jury relating to all claims and causes of action (including counterclaims) related to or arising out of this Agreement. This waiver shall also apply to any subsequent amendments or modifications to this Agreement.
21. No Class Actions
21.1. All claims between the parties, including parent companies and subsidiaries mentioned in clauses 2.5, related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
22. Waiver of Compliance of this Agreement
22.1. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, shall in no way waive Your obligation to comply with any of the provisions of the Agreement or Our ability to enforce each and every such provision as written.
22.2. Any and all waivers by either party hereto of any provision, condition or requirement of the Agreement will only be effective against the other Party if it is in writing and signed by an authorized officer of that Party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
23. Assignment and Delegation
23.1. Neither Party may assign or delegate any rights or obligations under the Agreement without the prior written consent of the other party. Notwithstanding the foregoing, both parties may assign their rights and obligations under the Agreement in connection with a consolidation, merger, acquisition or sale of substantially all of their assets, shares or activities without the prior written consent of the other party.
24. Privacy / Data Protection
24.2. By accepting the terms contained within this Agreement, including its annexes, You acknowledge represent and warrant that You shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify Relevon Indemnified Parties against any Third Party claims related to violation of such applicable laws in the use of the Service.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
THE MATERIALS CONTAINED ON THE RELEVON SITE AND SERVICES ARE PROVIDED “AS IS”. OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 10 OF THIS AGREEMENT, Relevon HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, RELEVON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.