Terms and Conditions

Thank you for using the site and/or services of Converdy.

General

Yilps BV is the official Amsterdam based company behind the Converdy brand, platform, Site, Services, also referred to herein as “Converdy”, “Converdy platform”, “we”, “us”, “our”. These Terms (“Terms and Conditions” or “Agreement”) are a contract between you (the Customer) and us. With “Agreement” in these Terms we mean that these Terms get legally binding and into effect as an agreement between you (the Customer) and us upon successful completion of the registration process and at the moment that you have access to Converdy Services through a free plan, through a Product Launch deal or through a Subscription plan. In these Terms by “Services” we mean the Converdy landing page creation and editing platform/application/landing page builder, that enables you to create, publish, analyze, and A/B test customizable landing pages, popups and/or other features that might be set available.

In these Terms by “Customer” we mean any person, organization, company, corporation, or other entity that has signed up for an Account. In these Terms by “Account” we mean that an Account is generated when an individual, company, or other entity, or any representative of such, registers itself to Converdy with a username and a password. Accounts can either be free (called “free plans”, “free Accounts” (or similar), paid once (you bought the product in a temporary product launch) or paid Subscriptions. Accounts may contain features such as pages, Content, Materials, popups, which Converdy may add from time to time. In these Terms by “Subscription(s)” we mean access to an in advanced paid annual or monthly plan.

In these Terms by “Content” we mean (but we don’t limit this to) images, logos, text and documents, HTML, CSS, JavaScript, including other codes and other intellectual property that are either open-source or owned by or licensed to you as a Converdy user, and the information that you use in your Account, including your own profile information (including, but not limited to, your full name, email address and password).

In these Terms by “Materials” we mean anything, but not limited to, photographs, graphics, images, audio, video, messages, software, informational text, documentation, design, layout, design and functions, files, documents, or other materials, provided by or through Converdy, its partners, affiliates, subsidiaries, employees, licensors, agents or other commercial partners, whether publicly posted or privately transmitted.

By visiting and using the Converdy websites, products, Services, using our subscription Services, using our Product Launch Deal, or signing up for a free Account/free plan/free trial, by accessing or using Converdy, by clicking a button or checking a box marked “I Agree” (or similar), you accept that you have read, understood, and agree to be bound by these Terms.

In these Terms by “Product Launch Deal” we mean a temporary deal that Converdy offers for a short term and for a specified relatively low amount paid in advance to gain continues access to the Services with a specific at the launch by Converdy specified set of features that can be used for as long as Converdy offers that set of features to the market, intended to endure for many years.

If you are using the Services on behalf of an entity, organization, government agency, or company, you represent that you have the authority to bind such entity to these Terms and you agree to be bound by these Terms on behalf of such entity. Agreeing to use the Services by clicking a button or checking a box marked “I Agree” (or similar) constitutes your acceptance and agreement to be bound by these Terms, policies, and all other operating rules and procedures.

These Terms may be amended at any time, with or without notice or notification. Therefore, we recommend periodically reviewing these Terms and suggest saving a local copy for your records.

When you accept this Terms, you are also agreeing to our Privacy Policy which form part of these Terms. Please also find our Privacy Policy on our website.

Your User ID is the only way to log in and access your Account.

In these Terms by “User ID” we mean the user name/ email address and password under which you created your Account and by which we identify you at Converdy.

In these Terms by “Subscription” we mean a Subscription to Converdy whereby you have paid for access to a specific plan with specific features and specific usage.

In these Terms by “Subscription Period” we mean a thirty day or annual period between billings.

You understand and agree that you are responsible for maintaining the confidentiality of your User ID and Password. And as a precaution, Converdy recommends changing your login details periodically.

Your User ID is the only way to log in and access your Account. You agree to provide true, accurate, current and complete information about yourself and the entity / company, and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information.

Converdy is not responsible for any profile information that may be lost or that may be irrecoverable through the use of the Site or Services.

In these Terms by “Profile / Profile Information” we mean all information in “Your Profile”, “my profile” (or named similar) section of the application, including, but is not limited to your name, address, profile picture, user name, email address, password and subscription level(s).

For as long as you remain the Account owner and in compliance with this Agreement, you have the right to access and use the Services. This right is non-transferable, and you agree not to disclose your User ID to any Third Party. You are solely responsible for all activities that occur within your Account. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Converdy immediately. It is your responsibility to update or change any Account or Profile Information, as needed or desired.

In these Terms by “Account owner” we mean the company, person, organization, or other entity whose name is shown on the credit card that pays for the Converdy Services.

In these Terms by “Third Party” we mean any person or organization, other than you or other than Converdy, which includes, but is not limited to the following: payment providers, billing and shopping cart/check-out platforms, email marketing software, CRM/CMS systems, non-Converdy forms, analytics and other tracking software, file hosting/sharing platforms, and any organization or person with which you or Converdy conducts business or integrates.

You may update your billing information in your Converdy Account. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it.

As long as you are a Converdy user or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly or annual charges (or once with a temporary Product Launch Deal) against that credit card. You are the only one who may change this Billing information. You will immediately replace the information for any credit card that expires with information for a valid credit card. If we are unable to process your credit card order, we will try to contact you and suspend your account until your payment can be processed. Converdy disclaims all liability where Account ownership is disputed and will not play any role in such disputes. Converdy will not be held responsible if an unauthorized party accesses your Account or changes your billing details.

Fees and Renewals

As soon as your payment is processed, your Service begins. From then on you will be charged the full amount stated at the time of your purchase, with any applicable taxes. Your subscription will renew automatically, on your renewal date, until you request Converdy for ending your Subscription.

Unless otherwise specified in a Subscription, fees will be billed in advance for each month and are non-refundable. You agree that you will not be refunded or credited for periods that you didn’t use the Converdy Services, but your account remained open.

If your account exceeds the usage limits of your current plan, Converdy reserves the right to pause, remove or limit account access. If you surpass any usage or fee thresholds set forth in your Subscription, Converdy may also charge for such excesses on your next invoice.

Our charges for monthly, one time and annual plans are posted on our Site and may change from time to time. Hereby we reserve the right, at our sole discretion, to change or modify our billing rates and add or amend fees and charges for existing Services at any time upon thirty (30) days written notice by communicating these changes to the Site or by notifying you via email. If you continue to use the Services thirty (30) days after our communications of this change or modification, your payment method will then be charged at your new billing rate and you are responsible for paying this.

By entering a credit card or debit card number, you agree that our Third-Party payment service provider, may store your payment card information.

If we are unsuccessful in charging your payment method and have still not received payment within five (5) days after informing you, Converdy may temporarily deactivate or suspend all or part of your access to Converdy, without any liability to you. Also, we shall be under no obligation providing any or all of the Services while the fees concerned remain unpaid. This does not affect any other rights and remedies available to us. With an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.

You accept that Converdy shall not be liable to you or to any third party for any price change, modification, suspension or discontinuance of any of the Services. By utilizing the Services of this Agreement, you accept the Terms herein and agree to waive your right to file a claim for losses, damages, etc. against Converdy and its partners for any such changes.

For any upgrade or downgrade in your plan level, your payment (debit or credit) card will automatically be charged the new rate on your next billing cycle. Your plan and access fees will be adjusted based upon data thresholds as set forth in the plan pricing.

If you upgrade your Services to a higher plan during the billing cycle, you will have immediate access to those higher-level features and a prorated fee between the rates stated in the subscription you previously selected and the fees stated in the subscription to which you have upgraded will be applied.

Downgrading your Services may cause you to lose access to certain Content, customer lists or features of your account or the Services. You accept that Converdy shall not be liable and does not accept any liability for such loss.

When downgrading to a lower tier plan during the billing cycle, changes will take effect starting with the next billing cycle. No refunds will be issued for downgrading from a paid subscription to a free Account.

Changes to Subscriptions will be reflected in your next invoice which shall be visible in your Account. As an Account owner you agree to only receive your invoices by electronic means within your Account.

Cancellation and Termination

You may cancel your Subscription at any time. You are then solely responsible for properly cancelling your account. You cancel your account by logging into your account and cancel your Subscription in your dashboard.

A phone request or request by phone to cancel your account shall not be considered as a cancellation of your Subscription or termination of the Terms and Conditions of this agreement.

No refunds or credits will be issued for downgrading or cancellation for annual Subscription. Changes to your annual Subscriptions go into effect at the end of the annual Subscription Period.

No refunds will be issued from switching from an annual to a monthly Subscription before the end of the annual Subscription period.

Also, no refunds will be issued from switching from a paid subscription to a free Account.

Cancellations of Subscription done after billing are not entitled to refunds, not in whole or not in part. Cancellation of Subscription, whether monthly or annual, must be completed at least seven (7) day prior to the end of your Subscription Period, otherwise charging for the next year or month will be processed automatically.

If you cancel Subscription before the end of your current paid up period, your cancellation will take effect immediately. However, the Converdy applications will continue to be functional through the end of your current billing period.

You are responsible for all fees within the Subscription Period in which you cancel, including all fees accrued on your Account up to the time of Cancellation.

Converdy, in its sole discretion, in its sole determination, reserves the right to, with or without notice, suspend, modify, discontinue or terminate your Account, the Site and/or Services, in its whole or any portion thereof, for any reason, or when we think you violate any provision of this Agreement, and refuse any and all current or future use of the Services, or any other Converdy Services, for any reason at any time, without liability and with no refund. A reason for such suspension, termination, modification or discontinuity of the Services may be, but is not limited to, failure to comply with these Terms and Conditions.

Converdy is not responsible for any Content lost as a result of Account deletion. The deletion of your Account permanently removes, but is not limited to, settings, pages, popups, Content, Analytics, Data, leads, and other Personal Data.

Converdy may, without prior notice, to anyone at any time for any reason, change Converdy, create usage limits, stop features, change her processing capabilities and data storage and procedures, or stop providing her Services, to you or to users generally, subject to applicable laws.

Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Intellectual Property Rights

All Converdy Material, is owned by Converdy or her licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws. Converdy grants you a non-transferable, non-exclusive, non-sub-licensable, limited purpose right to access and use the Materials. By Converdy “Materials” we mean anything provided by or through Converdy, its partners, affiliates, employees, licensors, subsidiaries, agents or other commercial partners, whether publicly posted or privately transmitted, such as (but not limited to) photographs, graphics, images, audio, video, messages, software, informational text, documentation, design, layout, files, documents, or other materials.

Converdy claims no intellectual property rights over the Material or content you upload, post or display, through the Converdy Services.

By using our Services, you grant Converdy the license and non-exclusive right, for promotional or marketing purposes, to use data and Material, including but not limited to your company logo (even when you have only submitted your company name and not the logo), feedback or business name(s) from your pages or Account.

Converdy values user feedback and takes it very seriously. Converdy may ask feedback such as comments, in writing or electronically, that may include, but is not limited to, comments related to our Services such as ideas, suggestions and answers. This Feedback is Converdy’s exclusive property and Converdy may use this, in her sole discretion, in whatever form (such as, but not limited to marketing purposes), and you can’t, neither the ones or companies you represent, claim any form of compensation in exchange.

Confidential Information

You also agree not to disclose verbally, electronically, in writing, or in any other manner any confidential information that you have acquired or learned during the term of this Agreement or following the expiration or termination of this Agreement.

You agree to keep confidential all information, that ought reasonably to be considered confidential, in whole or in part, you have obtained, learned or received in written, oral, visually or electronically, during your use of the Site or Services before, during and after your signed in for a (paid or free) Converdy Account. Confidential Information shall include, but not limited to, databases, computer software (source and object codes), CSS, Javascript, specifications, models, engineering information, techniques, inventions, discoveries, know-how and trade secrets.

Acceptable Use Policy

We trust you to use our Services responsibly. You agree not to misuse the Converdy Services or help anyone to do so. This Acceptable Use Policy (also “AUP”) describes actions that Converdy prohibits when using the Converdy Services. It is not permitted to do any of the following in relationship with the Converdy Services:

Wrongful activities:

- Using the Converdy Services to violate or infringe the privacy of others, including, but not limited to, posting other people's private and confidential information without their explicit permission. Advocate hatred against any person based on race, ethnicity, religion, sex, gender identity, disability, sexual preference, or impairment.

- Using the Converdy Services to harvest or otherwise collect data, including Personal information, including, but not limited to, phone numbers, email addresses, under false pretentions or without informed consent of these individuals, in violation of applicable law or regulations.

- Using the Converdy Services and not following your jurisdictional anti-spam laws and sending emails through the Converdy Services or Third Part services connected to Converdy without required permission.

Inappropriate content or communications:

- Using the Converdy Services to publish materials that are unlawfully indecent or pornographic, inappropriate, offensive, obscene, or that contain extreme acts of violence.

- Advertise to or solicit users who have requested not to be contacted.

- Advertise or promote services or products other than your own without approval.

- Send unsolicited communications, spam, promotions or advertisements.

- Violate the law in any way, including, but not limited to, storing, publishing or sharing material that's fraudulent or misleading.

- Using the Converdy Services to spread or communicate any material that infringes the intellectual property of third parties.

- Send unwelcome mass e-mails or other messages, promotions, advertising, or spam, including commercial advertising and informational messages.

Disruption of the Converdy Services:

- You will not be involved in testing the vulnerability of the Converdy system or network.

- You will not be involved in executing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.) and overwhelming our infrastructure by that.

- You will not be involved in any activity that disrupts or diminishes the quality, harms the functionality or interferes with the performance of the Converdy Services.

- You will not be involved in reverse engineer or attempt to access any source code underlying the Converdy Services or technology.

- You will not be involved in transmitting any material that contains viruses, Trojan horses, worms, spyware, or any other harmful and malicious or deleterious software.

- You will not be involved in consuming an unreasonable amount of storage (with, but not limited to, videos, music, photos), in a way that’s unrelated to the purposes for which the Converdy Services were designed.

- You will not create more than 500 landing pages, without prior authorization of Converdy.

- You will not upload any single file larger than 500MB.

- You will not be involved, without explicit written permission of Converdy, in renting, licensing, sublicensing, or leasing the Converdy Services to any Third Party.

This Acceptable Use Policy (“AUP”) has examples of limited behavior but does not list all restricted behaviors. Ultimately, Converdy decides whether you violate this. By using the Services, you agree that Converdy may, at her sole discretion, with or without prior notice or notification, for any reason, suspend your access to the Services and end this Agreement.

Submission of Content

You agree that Converdy will never be liable for any Content and you have the sole responsibility for uploading, posting, transmitting or otherwise make available any Content via the Services of Converdy.

You understand that you can add all kinds of information to the Converdy Services such as, but not limited to text, designs, images, animations, photos, graphics, music, audio files, sound, fonts, logos, code, software, video, messages or other Materials or Content.

You agree that you are solely responsible for ensuring that your content is compatible with the Site and Services.

You confirm you own all rights in and will continue to have the full power, licenses, title, consents and authority, in and to the Content you uploaded, imported, posted or transmitted to your landing pages, to your pop-ups and to other parts of the Converdy Services.

Converdy does not control this Content and does not guarantee the quality and integrity of this Content.

The Content is and will continue to be accurate, true, current, non-infringing upon any third-party rights, and in no way unlawful.

You confirm that Converdy is not responsible for any violations of Third Party intellectual property rights.

You agree that Converdy will also under no circumstances be liable for any loss, damage, omissions or errors in the Content, or for any loss or damage of any Content made available via the Services.

You further agree that Converdy reserves the right to, in its sole discretion, in its sole determination, with or without notice, modify, add, delete or suspend Content that is published, added or uploaded through your Account, in its whole or any portion thereof. Converdy may do this for any reason, or when Converdy suspects, at its sole discretion, violations of intellectual property law, security threats, malicious or damaging software, corrupted code within the Content, and for every other reason we think you violate any provision of this Agreement. Converdy may do this without any liability and with no refund or any other form of compensation or damages arising from such action.

Aggregate Data

You agree that Converdy may in any way, in its sole discretion, use, reproduce, sell, publicize, or otherwise exploit anonymous, Aggregate Data from your, your visitors and your Customers use of the Services. Aggregated Data refers to data with the removing of personally identifiable information. You also agree that we may improve our Services through analysis of your use of the Services, your visitors use of the Services and/or analysis of your and your visitor’s personal information in aggregated, anonymized, pseudonymized and/or de-personalized form.

Converdy will never sell the lead data you collect to Third Parties, but it you choose to connect Third Party services with your Account, such as Zapier, you agree that Converdy may share your lead data with these selected Third Parties for that purpose, without any liability.

Beta Test

You agree that Converdy may in any way, in its sole discretion, without notice or without any liability for any consequences resulting from pre-release beta test versions of Services functionality, including, but not limited to, alterations to the Services, enhancements, improvements, updates, modifications and additions.

There Beta versions is believed to contain defects and a primary purpose of this beta testing is to, but not limited to, obtain feedback on Services performance, test for improvements, test for bugs, test for usability issues, to evaluate user experience or the identification of defects.

As a user you are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Beta Test versions of the Services. Converdy accepts no liability for any consequences related to or resulting from your participation in a beta test.

Third-party payment features or tools

Within the Services you could link to, embed, or otherwise incorporate Third-party payment features or tools that enable you to provide or sell products and services to, or otherwise collect payments from your end user. Your relationship with such third-party payment providers are governed by their terms and Converdy will not be a party to, and in any case not be liable or responsible for this.

Converdy may, at any time, in its sole discretion, in its sole determination, with or without notice, restrict, suspend, or inactivate access to or remove third-party payment features or tools from your Account. Converdy may do this for any reason, or when Converdy suspects, at its sole discretion, including, but not limited to, that you sell illegal goods or services, products that depict or promote pornography, are obscene, or that violate privacy rights or intellectual property law, and for every other reason we think you violate any part of this Agreement. You also agree that Converdy may do this without any liability for any loss of data, profits or revenue, with no refund or any other form of compensation to you or to any end users.

Free trial program

In case you choose a free trial program, with all restrictions or limitations, you also accept the Terms herein.

If you want to try Converdy before committing to an active annual or monthly plan, then you can sign up for a free trial that will begin when you first sign up, and not when you start working on your landing pages, pop-ups, templates, A/B testing, Analytics, and/or other features that might or might not be set available by Converdy during your free trial.

It is solely up to Converdy to decide which features might be available during your free trial period and Converdy may, in its sole discretion, with or without notice, change or deactivate certain features during the free trial.

When you choose a paid plan in this free trial period, you won't lose any of the landing pages, pop-ups, analytics or other Converdy Services work you complete during your free trial. When you choose not to pay for a plan after the free trial period, you will lose the landing pages, pop-ups or other Converdy Services work you completed during your free trial.

You agree not to sign up for multiple Accounts in order to receive extra trial program benefits.

Converdy may terminate or suspend a free trial in its sole discretion, in its sole determination, with or without notice.

With a free trial program, you agree to indemnify Converdy and hold Converdy harmless for any failure and that Converdy is not responsible or liable for any adverse impact caused by or connected with a free trial program. When using a free trial, you agree to waive your right to file a claim for losses, damages, etc. against Converdy and its partners. Converdy disclaims all liability when using a free trial and you accept that Converdy shall not be liable in any way to you or to any other third party.

Collection of Personal Information

If you are a Converdy user, then that probably means you are a business owner, or working for a company, using the Services, amongst others, to collect, store or use Sensitive or personal information of users. With respect to the collection, storage or use of personal information of your users / customers, you are a data controller, and you ensure that you comply with your obligations as a data controller (such as, but not limited to, informing your users about your Privacy Policy, the collection, storage, use, responsibility, security and protection of personal information and the maximum durance of storing personal information) in accordance with applicable laws, such as the GDPR (General Data Protection Regulation); please consult a legal counsel for legal advice about this subject.

You agree to indemnify, defend and hold Converdy (and our officers, shareholders, partners and employees) harmless from any and all liability, claims and expenses, including reasonable attorney's fees, related to any of your violations of your compliance of the foregoing.

Governing Law & Jurisdiction:

Waiver of Jury Trial

You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to this agreement, our site, our services or the transactions contemplated hereby.

Governing Law

This Agreement shall exclusively be governed by the laws of the Netherlands. You agree that any claim or dispute you may have against Converdy, all matters relating to the Site, the Services, these Terms or our Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), must be resolved in the district courts of Amsterdam, the Netherlands. You also agree not to participate in claims involving another person's account, if Converdy is a party to the proceeding.

Dispute Resolution

You agree that all disputes between you and Converdy, whether or not such dispute involves a third party, with regard to Converdy, the Site, the Services, these Terms, will be resolved by binding, individual binding arbitration under the Dutch arbitration rules, and not in court. The place of arbitration will be Amsterdam, the Netherlands, and the language of arbitration will be English or Dutch.

Class Action Rights

You shall not have the right to bring any claim against Converdy, not as an accuser and not as a member of a class, combined or representative actions (or any other legal proceedings conducted by a larger group or by representatives on behalf of others), and you agree that all disputes between you and Converdy shall only be resolved on an individual basis.

Limitation of Time

You agree that you will not bring a claim under or relating to this Agreement more than six (6) months from when your claim first arose.

Severability

If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

No waiver

You agree that no waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Converdy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Miscellaneous

The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the Terms of this Agreement.

This Agreement represents the entire agreement between Converdy and you and shall replace all previous agreements and communications (oral or written) of Converdy and you, except when there is an agreement in writing which is signed by us.

Questions?

Do you have any questions about these Terms? Your address your question to support@converdy.com, or by mail to Yilps BV, Keizersgracht 676, 1017ET, Amsterdam.