Terms of Use (“Terms”)

Last updated: Feb 1th, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.goprospero.com website (the “Service”) operated by Poptin (“us”, “we”, or “our”).

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

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

 

Content

We own the intellectual property rights of any and all service components that can be protected including the automated content created by Prospero.

You agree not to copy, distribute, adapt, reverse engineer any aspect of the service. You also agree not to use any automated/manual devices/bots/spiders to copy any content from the Service.

We are not responsible for any direct, indirect, incidental or consequential damages arising out of or relating in any way to your use of the service.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

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

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Accounts

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

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

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

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

 

Subscriptions/Credits

Some parts of the Service are billed on a subscription basis/credits (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Or on a one-time basis for credits.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Prospero cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Prospero customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Prospero with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Prospero to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Prospero will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Fee Changes

Prospero, in its sole discretion and at any time, may modify the Subscription/Credits fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Prospero will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

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

 

Indemnity

You agree to indemnify and hold Us and Our employees, agents, directors, harmless for any claims by You or any third party which may arise from or relate to this Agreement or the provision of our Service to You, including any damages caused by:

(1). Your use of our Website or acceptance of the offers contained on it

(2). Any breach by You under this Agreement.

(3). Any content of your User Data, including infringement of third party’s Intellectual Property.

You also agree that You have a duty to defend Us against such claims and We may require You to pay for an attorney(s) of our choice in such cases.

You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements.

In the event of a claim such as one described in this paragraph, We may elect to settle with the party/parties making the claim, and You shall be liable for the damages as though We had proceeded with a trial.

In no event shall We have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential cover or punitive damages however caused.

Liability

1. Limitation Of Liability. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL FEES PAID TO US BY YOU FOR USE OF THE SERVICE DURING THE PRECEDING THREE MONTH PERIOD OR IN THE EVENT OF AN ANNUAL FEE – AN AMOUNT EQUAL TO ONE QUARTER OF SUCH ANNUAL FEE.

2. Exclusion Of Consequential And Related Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Refunds

Certain refund requests for Subscriptions may be considered by Prospero on a case-by-case basis and granted in sole discretion of Prospero.

 

Links To Other Web Sites

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

Prospero 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 Prospero 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 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.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

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

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at [email protected]

 

Privacy Policy

Prospero is a tool made by Poptin.

This Privacy Policy governs the manner in which Poptin collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.goprospero.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Poptin.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Poptin may collect and use Users personal information for the following purposes:

– To improve customer service

Information you provide helps us respond to your customer service requests and support needs more efficiently.

– To improve our Site

We may use feedback you provide to improve our products and services.

– To send periodic emails

We may use the email address to send them information and updates pertaining to their order. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Account deletion

Moreover, the user can delete his/her account from the profile page anytime. We can also take care of it by reaching out to us at [email protected]. The request for account deletion will be done within 48 hours.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

Poptin has the discretion to update this privacy policy at any time. When we do, we will send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Poptin

www.goprospero.com

18 Jerusalem blvd, Ashdod, Israel

[email protected]

This document was last updated on Feb 1th, 2019