User Terms

Introduction

Welcome to Valtorm! These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Valtorm ("we", "us", or "our").

Valtorm is a marketing automation platform designed to help businesses manage their marketing campaigns and customer relationships. Our services include email marketing, social media management, customer relationship management (CRM), analytics, and other related features. We strive to provide our users with effective tools to enhance their marketing efforts and achieve their business goals.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference. If you are using our services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to such entity.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications to the Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about any updates or changes.

User Account

To access and use certain features of our services, you may be required to create an account with Valtorm. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation. You may not transfer or assign your account to any other person or entity without our prior written consent.

We reserve the right to suspend or terminate your account and your access to our services at any time, without notice, for any reason, including if we believe you have violated these Terms or engaged in any unauthorized or illegal activity. Upon termination of your account, you must cease all use of our services and may not re-register for a new account without our express permission.

You agree that we may, at our sole discretion, modify, update, or discontinue our services, or any part thereof, at any time without prior notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services. We may also impose limits on certain features and services or restrict your access to parts or all of our services without notice or liability.

User Responsibilities

As a user of Valtorm, you agree to use our services in accordance with these Terms and all applicable laws and regulations. You are solely responsible for your conduct and any content that you create, upload, or distribute through our services. You agree not to engage in any activity that interferes with or disrupts our services or the servers and networks connected to our services.

You agree not to use our services to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to use our services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You may not use our services to engage in any form of spamming, including sending unsolicited emails or messages, or to collect or store personal data about other users without their express consent. You agree not to use our services to promote or advertise any products or services without our prior written consent.

You are responsible for obtaining and maintaining all necessary equipment and connections needed to access and use our services. This includes, but is not limited to, a computer, internet connection, and any necessary software. We are not responsible for any delays, delivery failures, or other problems resulting from your use of such equipment and connections.

Prohibited Activities

Valtorm strictly prohibits certain activities that could compromise the integrity, functionality, or security of our services. As a user, you agree not to engage in any of the following prohibited activities:

First, you may not use our services for any illegal or unauthorized purpose. This includes, but is not limited to, activities such as fraud, phishing, identity theft, or distributing malware. Any use of our services that violates local, state, national, or international laws is strictly forbidden.

Second, you are prohibited from attempting to interfere with the proper functioning of our services. This includes actions such as accessing or tampering with our servers or systems, using automated means to access our services (such as bots or scrapers), or introducing any harmful code or software that could disrupt our services.

Third, you may not use our services to transmit or distribute any content that is offensive, inappropriate, or harmful to others. This includes content that is defamatory, obscene, sexually explicit, or that promotes violence or discrimination based on race, gender, religion, nationality, disability, or sexual orientation.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions. This may include reporting such activities to law enforcement authorities and cooperating with their investigations. We also reserve the right to terminate your access to our services if you engage in any prohibited activities.

Intellectual Property Rights

Valtorm respects intellectual property rights and expects our users to do the same. All content and materials available on our website and through our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are the property of Valtorm or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your personal or internal business purposes, subject to these Terms. This license does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or otherwise exploit any of our content or materials without our prior written consent.

Any unauthorized use of our content or materials may violate copyright, trademark, and other laws and is strictly prohibited. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on our website or services.

Valtorm respects the intellectual property rights of others and expects our users to do the same. If you believe that your intellectual property rights have been infringed by content or materials available on our services, please contact us at [email protected] with a detailed description of the alleged infringement. We will investigate and take appropriate action in accordance with applicable laws.

Third-Party Services and Links

Our services may contain links to third-party websites, services, or resources that are not owned or controlled by Valtorm. These links are provided for your convenience only, and Valtorm does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Valtorm is not responsible or liable for the availability, accuracy, content, products, or services provided by any third-party websites or services. Your use of third-party websites and services is at your own risk, and you should review the terms and conditions and privacy policies of any third-party websites or services before using them.

If you interact with third-party services through our platform, such as by using a third-party payment processor or accessing a third-party application, you agree to comply with the terms and conditions of those third-party services. Valtorm is not responsible for any issues or disputes that arise from your interactions with third-party services.

We may also display advertisements for third-party products or services on our website or through our services. These advertisements are provided by third parties and are not endorsements by Valtorm. We do not control the content of these advertisements and are not responsible for any claims or representations made in them. Any transactions or interactions you have with third-party advertisers are solely between you and the advertiser.

Limitation of Liability

To the fullest extent permitted by law, Valtorm and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our services; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.

In no event shall Valtorm's aggregate liability for all claims relating to the services exceed the greater of one hundred U.S. dollars (USD 100.00) or the amount you paid Valtorm, if any, in the last twelve months for the services giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

You agree to indemnify, defend, and hold harmless Valtorm, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services, or your violation of these Terms. This indemnification obligation will survive the termination of these Terms and your use of the services.

The services are provided on an "as is" and "as available" basis. Valtorm makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, or products included on the services. You expressly agree that your use of the services is at your sole risk. To the full extent permissible by applicable law, Valtorm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Valtorm does not warrant that the services, its servers, or email sent from Valtorm are free of viruses or other harmful components.

Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of these Terms will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

Each party will be responsible for its own costs and expenses associated with the arbitration, and the arbitrators shall not have the authority to award costs and expenses to the prevailing party. The decision of the arbitrators will be final and binding upon the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration proceedings and the arbitrators' award will be maintained as confidential by the parties and the arbitrators.

Notwithstanding the foregoing, either party may seek injunctive relief or other equitable relief from any court of competent jurisdiction as necessary to protect its rights or property pending the completion of the arbitration process. Nothing in this Section shall be deemed to prevent Valtorm from seeking injunctive relief or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights.

Termination

These Terms will remain in full force and effect while you use the services. We may suspend or terminate your rights to use the services at any time for any reason at our sole discretion, including for any use of the services in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the services will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases. Valtorm will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your user content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 10.

Upon termination of your use of the services, you must immediately cease all use of the services and any access to your account. Any licenses granted to you under these Terms will terminate immediately. You will also be required to return or destroy any copies of Valtorm’s proprietary materials in your possession. Valtorm reserves the right to take appropriate legal action, including pursuing civil, criminal, or injunctive redress, for any violation of these Terms.

We may modify, suspend, or discontinue the services (or any part thereof) at any time, with or without notice to you. You agree that Valtorm will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services. You acknowledge that Valtorm has no obligation to retain any user content or provide any copies thereof, except as required by applicable law or as stated in our Privacy Policy.

If you have any questions or concerns regarding the termination of your account or access to the services, please contact us at [email protected]. We will attempt to address your concerns and provide any necessary assistance regarding the termination process. Your satisfaction is important to us, and we will strive to resolve any issues in a timely and fair manner.