Effective as of (1st of September 2023)
Please note that your use of and access to the services (as defined below) are subject to the following terms; if you do not agree to all of these terms, you may not use or access the services in any manner.
The Terms of Service (these “Terms’’) represent an agreement between you and The Brand Ally LTD and contain the terms and conditions governing your use of and access to our website at konvart.com, its subdomains and application owned and operated by us (collectively, “Konvart”™) and our products, application programming interface, software, tools, website (the “Services”).
For the purpose of these Terms of Service, wherever the context so requires “You”, “User” and “Your” mean the person who uses or accesses the Services. The term “We”, “Us” and “Our” mean The Brand Ally LTD and its successors, affiliates, and assignees.
By using this application, you acknowledge that you have reviewed and considered the Terms and understand same and agree to be bound by it.
1. Registration and Use of Service
The use of Konvart’s Service requires that you must provide true, accurate, current and complete information to register for an account. If you provide any information that is untrue, inaccurate or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or not current or complete, or not in accordance with these Terms of Services, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
When you use the Service, you represent and warrant that you have all the relevant rights and permissions (including all intellectual property rights) to the information provided by you in the course of your use of the Services. For the purposes of providing the Services to you, you grant Konvart all necessary permissions and rights. You shall assume sole liability on such information and the provision of the same to Konvart™.
2. Account Access
To gain access to the Service, you must provide your valid email address, and any other information requested, in order to complete the registration process. Account registration must be completed by a human. We do not permit accounts to be registered by “bots” or other automated methods. Your login may only be used by a single user and a single login shared by multiple users is not permitted. We reserve the right to cancel or suspend your access to the Service if we see any suspicious activity in your account that reasonably points out you willingly and/or knowingly shared your credentials with another user. You agree not to authorize any other person or entity to use your information to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your user information and account. We shall not be liable for any loss or damage from your failure to comply with this obligation.
3. Restrictions on Use
You may access, and we grant you a non-exclusive right to use the Services in accordance with these Terms. (We own all rights, title and interest in and to the services.) Your use of the Services must comply with these Terms and all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services.
i. You are permitted to use the Service internally within the company for the purpose of obtaining insights and analysis to optimize your website(s) and related campaigns.
The Services and Content (including without limitation, their text, graphics, images, logos and button icons, photographs, editorial content, notices, trademarks, trade names and/or service marks, and all materials incorporated) are protected by copyright, trademark, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law.
ii. You agree not to reproduce, duplicate, modify, create derivative works of the computer code that powers the Service or use output from the Services to develop models that compete with Konvart.
iii. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce or otherwise seek to obtain the source code of the Services or Content. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) access the Service by any means other than through the interface that is provided by Konvart for use in accessing the Service ; (e) modify the Services or Content or create any derivative product from any of the foregoing; (f) remove or obscure any proprietary or other notices contained in the Services or Content; (g) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (h) violate the security of any computer network or crack any passwords or security encryption codes. We may, but are not obligated to, monitor your use of the Services and Content.
4. Intellectual property
Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access.
We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all right, titles, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, and other intellectual property rights.
5. Content
i. Your Content
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input.
You can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. You are responsible for your Content and for ensuring that it does not violate any applicable law or these Terms. Konvart may use the content to provide and maintain the services, comply with the applicable law and enforce our policies.
ii. Accuracy
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate and reliable. Given the probabilistic nature of machine learning, bear in mind that the use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
6. Fees and Payments
Registration, Subscription, Cancellation by You and Taxes
You register to use the Service at no cost. Upon registration, you will have the ability to participate in some, but not all, of the features and tools available within the Service.
In order to access additional features, including the ability to use our tools for key word research, brief generation, content creation amongst others, you must become a subscriber to the Service.
You may receive a free trial for a period of seven (7) days, after which you will be required to pay the subscription fee.
We offer paid monthly subscription plans and annual subscription plans based on tiers. These subscriptions are paid upfront monthly or annually depending on your subscription plan and according to your billing period, with automatic renewals every month or year respectively.
You therefore acknowledge and agree that there will be recurring payments by you for the same and that we are authorised to charge the same credit card that you have used for the initial subscription and/or any other payment method used. This will continue until you cancel your subscription plan with us. Such cancellation must be made by you before your subscription renews in order to avoid being charged for the following month’s or year’s subscription fee. When you cancel, you will still have access to our Service based on your subscription plan until the end of your subscription period. You may also opt to downgrade your subscription plan at any time.
You are solely responsible for any applicable taxes and fees. Where applicable and in accordance with the applicable laws, taxes and fees will be charged on the invoices issued by us.
7. Refund policy
Unless required by law, Konvart is not obligated to provide you a refund at any time or for any reason.
Prior to the expiration of the free trial period, a user that wishes to discontinue the use of the service must unsubscribe from the service or not add payment information. Failure to do so, you therefore acknowledge and agree that you will be automatically charged with the subscription fee, for the continuation of the service and no refund shall be made under this circumstance.
Please be advised that there shall be no refund of the subscription fee, if you terminate your annual subscription prior to the expiration thereof. It shall remain valid until the end of its purchased duration.
8. Communications
By registering an account at Konvart (free or paid subscription), you are giving us your permission to send email notifications to the email address that you have specified upon registration.
9. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
Konvart 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 Konvart 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 the terms and conditions and privacy policies of any third-party web sites or services that you visit.
10. No Guarantee of Business Success
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS AN UNDERTAKING BY KONVART TO ENSURE OR INCREASE YOUR SALES OR PROFITS OR OTHERWISE TO GUARANTEE YOUR BUSINESS SUCCESS OR INCREASE AN ASSUMPTION BY KONVART OF YOUR FINANCIAL OBLIGATIONS.
11. Indemnification; Disclaimer of Warranties; Limitations on Liability
i. Indemnity
You shall indemnify and keep Konvart and its owners and personnel indemnified against any and all claims, demands, actions, judgments, obligations, liabilities, costs, expenses, damages and losses incurred as a result of (a) your breach of any of these terms; (b) any infringement or alleged infringement of any intellectual property right arising directly or indirectly from your actions or omissions; and/or (c) your violation of any applicable laws.
ii. Disclaimer
The Service and all information provided therein are on an “as is” and “as available” basis without any warranty.
Konvart does not guarantee or warrant that the Service (including any products or data) will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, be secure, timely, accurate, error free, bug free, virus free, uninterrupted, comply with applicable law, or that Konvart will correct all errors.
TO THE EXTENT PERMITTED BY LAW, KONVART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, AND KONVART SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, KONVART WILL NOT BE RESPONSIBLE FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE OF PRODUCTS OR SERVICES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION AND/OR CONTRACT, DOWNTIME COSTS, INCREASED EXPENSE OF OPERATION, LOSS OF OR CORRUPTION OF DATA, FINANCIAL LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER.
iii. Limitations on Liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100/ xxx). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.
13. Governing Law
These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
14. Dispute Resolution
For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section) relating to the Services or these Terms, you and we agree that any such controversy, dispute, demand, claim, or cause of action shall be resolved in the first instance, by mutual discussions within thirty (30) days of either you or us notifying the other of the existence of a dispute or claim. We and You shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with the Services or these Terms.
In the event that we and you are unable to reach an amicable resolution through mutual discussions within the thirty (30) days referred to in the preceding paragraph, then such dispute or claim shall be settled through binding and confidential arbitration.
Arbitration will be subject to the applicable Arbitration and Conciliation Act in Nigeria and not any state arbitration law. We and you agree to be bound by the rules governing the arbitration process.
We and you shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from when the dispute is referred to arbitration. Where we and you are unable to agree on the appointment of the Arbitrator, such sole arbitrator shall be appointed by the President, the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIARb Nigeria) on the application of either we or you.
The venue of the arbitration shall be Lagos State, Nigeria and the language to be used in the arbitral proceedings shall be English. We and You agree that the decision of the Arbitrator shall be final and binding on both of us. Each of us shall bear our respective costs in connection with the arbitration.
15. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of the other remaining provisions.
16. Changes to the Terms
We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on this page or delivering notice thereof to you electronically.
You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the services. Except as otherwise expressly stated by us, your access and use of the services are subject to and constitute your acceptance of the version of these Terms in effect at the time of your access or use.
17. Contact Us
You can contact us by email at support@konvart.com.
We always appreciate your feedback or other suggestions about Konvart and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
