Terms of Service

These Terms of Services (the “Terms”) and our Privacy Policy constitute an agreement between you and Masslooker (“we”, “us”, “our”), governing your access to and use of our Site, software, data feeds, information, tools, features, and functionalities available on the Site and/or all and any customer service solutions offered and operated by Masslooker (the “Services”).

By accepting these Terms, either by entering, visiting, accessing and/or using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a company or another legal entity, you are agreeing to these Terms for that entity and representing to Masslooker that you have the authority to bind such entity to these Terms, in which case the terms “you,” “your” or a related term herein shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not use or authorize any use of the Services.

We may modify the Terms at any time, in our sole discretion. If we do so, a modified Terms will be posted on the Site with a new effective date at the top of the document. Your continuous use of the Services after we have posted modified Terms on the Site, will confirm that you agree to be bound by the modified Terms.

We retain the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

You may contact us regarding the Services by email: [email protected].

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.


ELIGIBILITY

You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.


ACCOUNT REGISTRATION

In order to use the Services you may have to create an account (“Account”). The Account gives you access to the Services, features and functionalities of the Site. We may hold different types of accounts for different types of clients.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.


CONTENT AND CONTENT RIGHTS

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. “User Content” means any content you provide to be made available through the Services.

We and our licensors exclusively own all right, title and interest in and to the Services and Services Content, including all associated intellectual property rights. You acknowledge that the Services and Services Content are protected by copyright, trademark, and other applicable and international laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Services Content. “Services Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including data, analysis, and results created by us as part of the Services that is based on your User Content.


RIGHTS IN USER CONTENT

You acknowledge and agree that in order to use the Services you and your employees will provide access to certain Third Party Accounts, and in doing so, we will have access to you and your employees’ communications, regardless of whether such communications are related to the Services. Such communications may include trade secrets or other confidential or proprietary information about your business, employees, or other highly sensitive issues. Although we take security and privacy very seriously, we make no warranty or guarantee to you regarding the security or confidentiality of any User Content.

By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Services Content to you and to other Account holders you authorize.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Upon your request, we will use commercially reasonable efforts to remove your User Content, but we can’t guarantee that some of your User Content isn’t stored in a general backup or archive of our systems. We are not responsible or liable for the failure to remove or delete any of your User Content.


RIGHTS IN SERVICE CONTENT

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Services Content solely in connection with your permitted use of the Services.


GENERAL PROHIBITIONS
You agree not to do any of the following:

• Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Services in any way;
• Interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks;
• Interfere with or violate any other clients and/or users’ right to privacy or other rights, or harvest or collect data and information about other client and/or user without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information;
• Transmit, distribute, display or otherwise make available through or in connection with the use of the Services any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
• Use, display, mirror or frame the Services or any individual element within the Services, our name, any Masslooker trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Provide false, inaccurate or misleading information in any of the content provided, posted, transferred or uploaded;
• Use the Services or Services Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice.


SOFTWARE AS A SERVICE (SAAS)

The latest version of the software of our Services is available for you via the Internet in return of payment of consideration. We store the software of our Service on a server which can be accessed by you via the Internet.

Masslooker continuously develops the software further and improves it by means of continuous updates and upgrades. The respective latest scope of functions of the software is determined by the performance specifications on our website. Masslooker continuously monitors the functionality of the software and rectifies faults.

We do hereby grant you a non-exclusive and non-transferable right of use to the software of our Services for the intended purpose. You may copy and process the Services only to the extent permitted by the latest performance specifications. You are restricted from making the Services available to any third parties.

It is expressly stated that your access and use of the Service is limited to the rights usually granted by lease, which means you only lease our Services and software of the Services and do not acquire any other rights which are not specifically stated hereby.


SERVICE FEE

Service Fee is based on your Service subscription. The duration of the subscription is from 1 month to 1 year (depending on the selected plan period). Once your account registration is complete, you are given a free subscription (Free plan) with limitations in the form of number of customers and other restrictions. If you exceed the limit of the number of customers on your free subscription, the Services will be terminated unless you purchase a paid subscription - "Start", "PRO" or "VIP" plan. The cost of the paid subscription varies based on the number of clients and on the chosen functionalities. Effective prices are published on our website: https://masslooker.com/.

Please note, that no refund policy is available to the moment.

In the event you experience any trouble with the Services, please contact us.

Masslooker will charge paid subscription fee for the use of the Services. By initiating the purchase of paid subscription, you agree to pay Masslooker the applicable fee. Unless otherwise stated the Fee is in US Dollars.

Masslooker expressly reserves the right to change the Fees at any time, upon 30-days written notice to you at your Account or email address. The Fees do not include any payment for telecommunication and computer hardware, software, telecommunication access charges, lines or connections or other equipment and services required to access and use the Services, which shall be at your own responsibility. All Fees will be billed to your credit card through the third-party service provider engaged by us – to the moment we utilize https://payselection.com payment provider services. Please read their terms and conditions carefully as we do not hold any responsibility for transaction processing through the payment provider services. Payment for "VIP" subscriptions is possible by bank transfer subject to the terms and conditions requested from technical support or Masslooker officials.


THIRD PARTY RESOURCES

The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.


TERMINATION

The term of these Terms shall continue until terminated as provided in these Terms.

We may terminate your access to and use of the Services, at our sole discretion, at any time if we have reasonable belief that you violate or has violated any of the provisions of these Terms.

If you don’t pay for the Services for the period exceeding 3 consequent months, and your free subscription has concluded, we may disconnect any of your linked Third Party Accounts from the Services. If you don’t pay for the Services for the period exceeding 6 consequent months, we may delete your Account at the Services in whole together with your client base.


WARRANTY DISCLAIMER

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Service Content.


INDEMNITY

You will indemnify and hold harmless Masslooker and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Service Content, (ii) your User Content, or (iii) your violation of these Terms.


LIMITATION OF LIABILITY

Masslooker WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Masslooker HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL Masslooker’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE MAXIMUM AGGREGATE AMOUNT EQUAL TO USD 1,000 (ONE THOUSAND).


DISPUTE RESOLUTION

These Terms and any action related thereto will be governed by the laws of England without regard to its conflict of law provisions. Exclusive jurisdiction and venue for actions related to these Terms or your use of the Services will be courts of England, and both parties consent to the jurisdiction of such courts with respect to any such actions.


MISCELLANEOUS

These Terms together with any applicable order form constitute the entire and exclusive understanding and agreement between Masslooker and you regarding the Services and Service Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Masslooker and you regarding the Services and Service Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.

Any notices or other communications provided by Masslooker under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the party.