Floppy Services - Terms & Conditions

Introduction

Please review these "Terms of Use" (sometimes referred to as this "AGREEMENT") as it constitutes a legal agreement between you ("YOU" or "CUSTOMER") and FloppySend, which is operated and owned by Nexotech Singapore Pte Ltd ("FloppySend", "WE" or US") and may be modified from time to time by FloppySend to make such changes effective upon posting of the amended agreement. The "Term" is the period during which you are entitled to create and send electronic emails and other digital content using our website.

By accessing, using and/or registering for the FloppySend service provided by Nexotech Singapore Pte Ltd (hereinafter referred to as the 'Service'), you agree that you have read and understood these Terms of Use and all its contents, that this Agreement is intended to be the legal equivalent of a signed, written and equally binding contract and that all the Terms and Conditions are subject to you. You agree to periodically review the Agreement in order to be aware of any such changes, additions, deletions or other changes, and your continued access, registration and/or use of the Service shall be considered as accepting the amended Agreement.

If you do not accept all the terms and conditions of this agreement, you will not be permitted to use the services. This is an agreement for services, and under this agreement you will not be granted a license for any software.

You are responsible for ensuring compliance with all of the terms and conditions of this Agreement.

By clicking the “I accept FloppySend Terms of Use” button when requested, you accept these Terms of Use:

Prohibited Content & Industries

1. FloppySend prohibits the use of the Services by any person or entity engaged in any of the following cases:

- Provides, sells or offers to sell the following products or contents (or services related to the same): pornographic or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug smuggling; pirated computer programmes; instructions on how to assemble or otherwise manufacture bombs, grenades or other weapons;

- Shows material that exploits or otherwise exploits children under the age of 18

- Provides, sells, or oﬀers to sell or rent any mailing list

- Provides, sells or offers frequently associated products, services or content with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceuticals, nutritional supplements, herbal supplements, vitamin supplements, homework, credit or finance management, offers of mortgage and debt relief.

- Launches and advertises content related to online trading, day trading tips, penny stock or stock market & business investment content

- Provides grossly offensive material, including blatant expressions of intolerance, prejudice, racism, hate or excessive profanity or posting any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content

- Post or disclose any personally identifiable information or private information about children without their consent (or their parents' consent in the case of a minor)

- Sells or promotes any products or services that are unlawful at the location where the content is posted or received.

- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet

- Markets or promotes any form of online or oﬄine gambling

- Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses

- Engages in any libelous, defamatory, scandalous, threatening, harassing activity

- Post any content that advocates, promotes or otherwise encourages violence against any government, organization, group or individual or that provides guidance, information or assistance in the development or conduct of such violence.

- Provides the content of authors, artists, photographers or others, including images, without the express written consent of the owner of the content.

- FloppySend reserves the right to prohibit any person or entity from using the Services if FloppySend believes, in its sole discretion, that such use may infringe any federal, state or local law, rule or regulation.

For more details, see our Anti-Spam Policy for sending unsolicited commercial emails. Please contact our Technical Support Team before using the service if you are unsure about how this applies to your email content.

Customer Restrictions and Responsibilities

1. This is a Service Agreement, and you are not granted a license under this Agreement to any software. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services or the FloppySend software ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate or create derivative works based on the Services or any Software, or copy, distribute, promise, assign or otherwise transfer or charge rights to the Services or any Software. The Services shall only be used for your internal business purposes (civic charitable) and you shall not use the Services or any Software for time-sharing or service office purposes or otherwise for the benefit of a third party.

2. You acknowledge and agree that the names and logos of the Software and the FloppySend Company and all related product and service names, design marks and slogans are the property of FloppySend or its affiliates or suppliers (collectively, the "Marks"). You are not allowed to use any of the Marks in any advertising, advertising or other commercial manner without the prior written consent of FloppySend. Your use of the Services does not confer any title or ownership on the Service, the Software or the Marks and does not constitute a sale of any rights in the Service, the Software or the Marks, except as expressly granted herein. All rights of ownership remain with FloppySend or its third party suppliers, as the case may be.

3. You represent, agree and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree that you will not access or otherwise use third party mailing lists in connection with the preparation or distribution of unsolicited emails to any third party. You hereby agree to indemnify and hold FloppySend harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action arising out of an alleged infringement of the foregoing or otherwise arising out of or relating to your use of the Services.

While FloppySend is under no obligation to monitor the content you provide or your use of the Services, FloppySend may do so and may remove any such content or prohibit any use of the Services which it considers to be (or is alleged to be) in breach of the foregoing.

4. Each email message sent in connection with the Services must contain a "unsubscribe link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to delete or disable such a link. You agree to import only permission-based lists (note: purchased lists may not be used, please contact FloppySend if you have questions). You cannot send e-mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any template of the Software and use it for purposes other than sending emails using the Services. FloppySend may, at its own discretion, immediately disable your access to the Services without refund if FloppySend believes, in its sole discretion, that you have breached any of the restrictions set out above.

5. FloppySend will not use your list or any other customer information for any purpose other than that intended for use with the Services. Your customer information will not be shared with any other party. In addition, FloppySend will not use your customer information for the purpose of sending unsolicited commercial e-mails.

6. FloppySend requires all new accounts to be reviewed by FloppySend personnel in order to verify that no spam and/or illegal content will be sent through our network. The hold limit for sending may be placed in the account until the review process has been completed.

7. As the End User of the Service, you will receive an end user account and a password to access that account. You are entirely responsible for ensuring the confidentiality and security of your account and password. You are solely responsible for any and all activities that occur within your end-user account while using the Service, including, but not limited to, the content of any e-mail messages sent from your account through the Service. You may modify or change your password at your sole discretion at any time by following the instructions on the FloppySend website. You expressly agree to notify FloppySend immediately of any unauthorized use of your account or any other breach of security.

Service & Support

FloppySend provides on-demand software and services ("Services") for the electronic distribution of customer-created and/or approved content to the Customer Contact List ("Recipients"). We provide customer support, email delivery mechanisms, web form builder, online surveys, SMS or text messaging, advanced automation features, among other email marketing tools. FloppySend assumes that you are using its services for business purposes.

1. FloppySend provides on demand software and services ("Services") for the electronic distribution of customer created and/or approved content to customer's list of contacts ("Recipients"). Among other email marketing tools, we provide customer support, email delivery mechanisms, web form builder, online surveys, SMS or text messaging and other advanced automation features. FloppySend assumes that its Services are used by you for business purposes. Our customers retain and authorize FloppySend to transmit messages and to provide their recipients with information on their behalf. Customers provide us with personal information relating to their recipients in the course of the provision of those Services.

2. The Services are only available to persons who may enter into legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to persons under the age of 18. If you are not eligible, you are not allowed to use the Services.

3. All Services provided by FloppySend are subject to this Agreement without limitation. Services are also subject to the Privacy Policy and Anti-Spam Policy of FloppySend.

4. To use the Services, you must complete the sign-up form. You agree that all information you provide in connection with the registration and registration process will be true, accurate, up-to-date and complete. You will identify the username and password for your FloppySend account as part of the registration process. You are responsible for maintaining the security of your account, passwords and files, and for all use of your account and the Services in your name. FloppySend reserves the right to refuse to register or cancel accounts that it considers to be inappropriate.

Special Email Provisions

1. Adding New Members: You will use the "single opt-in" or "double opt-in" (signup plus confirmation) subscription method for all new members of the list. For the purposes of this Agreement, a "double opt-in" method means that when you add a new member's email address to the list, that email address will not be activated unless and until the new member receives a single confirmation email from you requesting the member's consent to be added to the list, and FloppySend receives a confirmation action from the new member. The confirmation email sent by the customer to new members may not include advertising or call to action. It should be an appeal to confirm the member's subscription.

2. Importing Members: You may only import members previously obtained directly from you using the "single opt-in" or "double opt-in" (recommended) procedures described above. Under any circumstances, you may not import opt-out members directly into your list. You may NOT import members from co-registered or purchased sources, regardless of the status of such members.

3. One-Time Mailings: You may not use FloppySend for one-time mailings to a list of members after which you substantially delete your membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or subscribe or unsubscribe in the ordinary course. Failure to comply with any provision of the FloppySend Terms of Use or the Terms of Use will result in an immediate termination of the service and no amounts paid to FloppySend will be refunded.

Limitations of Liability

1. FloppySend or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to as 'FloppySend' for the purposes of this section) shall, to the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, be liable to you or any other person for any cash damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, or for any claim by any other party. In the event that, irrespective of the foregoing, FloppySend is found liable to you for damages for any reason whatsoever, and irrespective of its form of action (whether in contract, infringement (including negligence), product liability or otherwise), FloppySend's liability to you shall be limited to the amount paid for the service as of the date of claim, loss or damage. In the event of any failure of the Services (or the Professional Services) or of FloppySend's failure to provide the Services (or the Professional Services), FloppySend shall have the sole and exclusive remedy to make commercially reasonable efforts to repair or provide the Services.

2. This Service shall be interpreted and construed in accordance with the laws of Singapore and shall be governed by them, without prejudice to any such law which might direct the application of the laws of another jurisdiction. The governing jurisdiction is the law of Latvia and the court of local jurisdiction of Nexotech Singapore Pte Ltd. If any provision or part thereof is found to be unenforceable by a court of competent jurisdiction for any reason, the remainder of this Agreement shall continue in full force and effect.

Miscellaneous

1. Intellectual property notices

The intellectual property of Floppysend.com and protected trademarks, trade dress, patents, copyrights and other laws shall be all content on Floppysend.com, including the logo, articles, other text and graphics. You may not reverse engineer, decompile or disassemble any software except and only to the extent that, irrespective of this limitation, such activity is expressly permitted by applicable law.

2. Nondisclosure

Each Party shall retain in confidence all proprietary and confidential information transmitted to the other Party that the disclosing Party has identified as proprietary and/or confidential in writing, or orally and subsequently identified in writing by the disclosing Party, and shall make no use of such information except as provided for in the terms and duration of this Agreement. We will use all reasonable precautions during the duration of this agreement, and after the termination of this agreement, and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share confidential information in your account (unless required by law), sell it or otherwise distribute it. You agree to use all reasonable precautions and take all necessary steps to prevent the acquisition by unauthorized persons of our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all other confidential information and to take appropriate action, by instruction, agreement or otherwise, with respect to all persons authorized to access our own confidential information.

The Customer shall not disclose any of our confidential information to any person for any purpose other than that provided in this Agreement. Neither party shall, however, be under an obligation to preserve the confidentiality of the information which it provides. (a) has been legitimately received by another party from the Disclosing Party prior to its receipt; (b) The Disclosing Party has disclosed to a third party without any obligation to keep such information confidential, (c) Entering the public domain or becoming generally known to the public by the receiving party through action other than infringement of this Agreement; or (d) is independently developed by the receiving party. Each Party shall safeguard the proprietary and confidential information disclosed by the other Party with the same level of care it uses in order to safeguard its own proprietary and confidential information, but shall not, in any event, use less than reasonable care. The obligation of each party under this paragraph shall be extended for a period of three (3) years after the termination or expiry of this Agreement.

3. Force Majeure

We should not be held obligated for any delay or disappointment in execution of any portion of this Understanding from any cause past our control and without our blame or carelessness, such as current laws and directions and changes thereto, embargoes, plagues, war, fear based oppressor acts, riots, in place, ﬁres, blasts, seismic tremors, atomic mischances, military intercession, ﬂoods, strikes, control power outages, volcanic activity, other major natural unsettling influences, abnormally serious climate conditions, acts of programmers and other illicit exercises of third parties, failure to secure items or administrations of other people or transportation offices, or acts or exclusions of transportation or broadcast communications common carriers or over-burdening or slowdowns over the internet or any third party web service providers.

4. Indemniﬁcation

You agree to reimburse and hold FloppySend, auxiliaries, aﬃliates, oﬃcers, specialists, agents, successors, individuals, principals and other accomplices and workers safe from any misfortune, obligation, claim or request, counting sensible attorney’s expenses, made by any third party due to or emerging out of your utilize of the Location or administrations set forward in this Understanding and/or emerging from a breach of this Assentation and/or any breach of your representations, commitments and guarantees set forward over. FloppySend saves the correct to expect the select defense and control of any matter something else subject to indemniﬁcation by you, and you should not, in any occasion, settle any matter without the written assent of Floppysend.

5. Severability

Where, for any reason whatsoever, any term or provision of this Agreement is determined to be unlawful, unenforceable or invalid in whole or in part, such unlawful, unenforceable or invalid provision(s) or part thereof shall be precluded from this Agreement and shall not affect the lawfulness, enforceability or validity of the remainder of this Agreement. If, in accordance with the provisions of this section, any provision or part thereof is stricken, this stricken provision shall, to the extent possible, be replaced by a legal, enforceable and valid provision which is as similar in tenor as is legally possible to the stricken provision.

6. Authority

As a result of the Agreement, no agency, partnership, joint venture, or employment is created and you do not have any power of any kind to bind FloppySend in any respect.

7. Advertising

You hereby acknowledge and agree that on the FloppySend website and in its advertising, marketing and promotional materials, including the use of your name, trademark, service mark, or corporate logo, FloppySend may identify you as its customer. The use of your trademark, service mark, or corporate logo by FloppySend will be done in accordance with any publicly posted guidelines for use posted by you. Please contact our sales team if you wish to delete your data.

8. Disclaimers

The conduct of any advertisers, linked websites or other users is disclaimed and not liable.

9. Complete Agreement; Governing Language

This Agreement constitutes the complete understanding between you and Nexotech Singapore Pte Ltd relating to the FloppySend Service and supersedes all earlier or contemporaneous understandings with respect to such subject matter. No correction to or modiﬁcation of this Understanding will be authoritative unless in composing and marked by FloppySend. Any interpretation of this Understanding is done for nearby prerequisites and within the occasion of a debate between the English and any non-English forms, the English adaptation of this Permit might oversee, to the degree not precluded by nearby law in your ward.

10. Prohibition

As per our Anti-Spam Policy, this agreement prohibits the use of FloppySend services for SPAM. It involves the use or advertising of any of the following domain names managed by FloppySend: floppysend.com, floppychat.com, floppyhoster.com. Any such action is in breach of our terms of use and will result in the suspension of your account.

Subscription & Payments

1. Monthly Plans

In the case of the Monthly Plan, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize FloppySend to charge your credit card for such amounts on a monthly basis; generally on the ﬁrst day of each month. Fees are payable in US dollars. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the ﬁrst day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If FloppySend is for any reason unable to receive an automatic payment via your credit card, you will be notiﬁed via email and your FloppySend account may be disabled and/or the ability to use the Services suspended, until payment is received. Monthly pricing will vary based upon subscriber count; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by FloppySend.

Our charges for monthly plans are posted on our website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your ﬁrst monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month.

If the number of subscribers stored in Customer's account exceeds the subscriber level purchased, Customer's access to and use of the Services will be disabled until either the number of subscribers stored in its account is reduced or Customer upgrades its subscriber level to at least equal the number of subscribers stored in its account. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of this Agreement.

As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.

Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the diﬀerence in the monthly payment before the next Email is sent out.

Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.

2. Free Subscription

In the event that the Customer chooses to use the Services on a free basis, the Customer shall not be charged for such use. The Customer may use the Services subject to the subscriber limits posted on the Site. The Free Subscriber Limits are subject to change at any time. Customers may purchase a monthly or annual subscription to the Services anytime for more email. FloppySend has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.

Disclaimer & Warranties

1. Use of the services and any dependence on the services by you, including any action taken by you due to such use or dependence, is at your sole risk. All the content, tools, features and services provided on the basis of "as is" and "as available" by FloppySend. FloppySend expressly disclaims all warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, whether express or implied. FloppySend makes no guarantees that your requirements will be met by the Service and/or be uninterrupted, timely, secure or error-free. FloppySend does not warrant any goods or services purchased or downloaded through the use of the Service or any links from third parties or any information collected or transactions made through the use of the Service. No advice or information obtained by you from FloppySend, whether oral or written, shall create a warranty not expressly stated herein. Furthermore, FloppySend makes no warranties concerning the suitability of the content provided through the Service for any purpose.

2. Your sole and exclusive remedy for any failure or non-performance of the services shall be for FloppySend to make commercially reasonable efforts to adjust or repair the services.

3. FloppySend guarantees an average up-time of 99.5 percent per month of the Service on the condition of full availability of the services of its Telecom Providers.

4. In connection with the performance of the service, FloppySend does not guarantee any minimum response times or deliverability times.

Termination / Cancellation Policy

1. The customer may terminate the service at any time with effect from the date of expiry of the paid subscription. The termination of the service does not affect the obligation of the customer to pay any late payments in connection with the use of the service.

2. The customer shall not be entitled to any partial or full reimbursement of any fees or payments already paid or due, unless expressly or explicitly stated in these Terms of Use.

3. If the Customer wishes to terminate the Service, the Customer is required to send a request for cancellation to the Billing Department at: support@floppysend.com and to provide at least two business days prior to the recurring date with the account name and email address.

4. The Customer may also terminate the Service manually by closing the account, when logged in, within the Settings section of the FloppySend account.

5. In the event of not receiving a due payment or a recurring payment, FloppySend reserves the right to terminate the FloppySend account at its sole discretion.

6. With or without cause, and with or without notice, FloppySend may terminate this Agreement or the Services at any time. Due to this termination, FloppySend is not liable to you or any third party. No refund will be issued if FloppySend terminates this agreement because you violated the Anti-SPAM Policy.

7. Emails you send through the Service may generate recipients' complaints of abuse. FloppySend cannot share with you the email addresses of those who complain about your email campaign, as a matter of privacy. You are responsible for ensuring that a number of abuse complaints are not generated by your email campaigns in excess of industry standards. FloppySend, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be ﬁnal, binding and conclusive for all purposes under this Agreement.

8. If FloppySend believes in its sole discretion that you have violated any of the above email and permission practices or the FloppySend Anti-Spam Policy, FloppySend may immediately disable your access without reimbursement to the Services at its sole discretion.

9. We are only required to provide a refund if we terminate our services to you without cause before the end of the month for which you have paid. There is no other situation in which you are entitled to receive a refund from us. In other situations, we may, at our sole discretion, offer refunds subject to any Member requesting such a refund requesting a refund in accordance with the requirements we post on the website, which may be amended from time to time.

10. Monthly paid account refund policy: When you upgrade to a paid account, your credit card is charged by the FloppySend billing system for the initial billing period. After that, your account will be automatically renewed by the billing system every 30 days (or the first day after the expiry date of the previous subscription) and your credit card will be charged the appropriate amount. If you wish to disable automatic payment option, log in to your FloppySend account and go to invoices section to change auto payment settings.

Data Processing

These processing rules are developed in accordance with the European General Data Protection Regulation (GDPR) 2016/679 (hereinafter referred to as 'GDPR') and apply to data controllers and data processors in the European Union who process data on individuals.

The purpose of the Data Processing Rules is to ensure that data subjects are not used for unlawful purposes or disclosed to unauthorized persons, including emails attached to the Site, and to ensure that data processing by the Contracting Parties complies with applicable data protection legislation.

These Terms and Conditions govern the processing of data used on behalf of the Data Controller by the Data Processor, i.e. collection, recording, storage, disclosure, deletion or any combination thereof.

1. For the purposes of the Data Processing Terms

1.1. Data controller-a legal person ("YOU", "CLIENT", "CUSTOMER", "COMPANY") who determines the purposes and means of data processing under this Contract;

1.2. Data processor-a legal person ("FloppySend", "WE" or "US") and its affiliates who, on behalf of and under the assignment of the data controller, processes personal data under this contract.

1.3. Personal data – any information, which is attributed to the identiﬁed physical person or physical person to be identiﬁed.

1.4. Processing: any action or set of actions carried out with or without automated means of collecting, registering, organizing, structuring, storing, modifying or transforming, retrieving, viewing, using, disclosing personal data or sets of personal data, for example, by sending, transmitting or otherwise making them available, coordinating or combining, restricting, de-sending, destroying or otherwise making them available.

1.5. User – authorized representative of the Company, who voluntarily selects the user name upon registration at the Website.

2. Within the framework of data processing Terms

2.1. FLOPPYSEND ensures the security of the data to be processed when the data is processed, including ensuring appropriate technical and organizational measures.

2.2. Upon arrangement of the Service FLOPPYSEND as processor should perform handling of Subject information, which have been exchanged to it by the Company as controller of these information, beneath the setting of the laws and directions on individual information assurance appropriate within the Singapore. FLOPPYSEND might prepare Subject information exchanged to it as it were for the reason speciﬁed by the Company, as it were after the Company has given arrange to prepare them and as it were to such degree as essential to perform the errand speciﬁed by the Company, to comply with the arrangements of this Contract in handling of significant information and laws and controls on personal data assurance pertinent within the Singapore, being obligated to the Company and the Subject for the harm caused, as it were in case such has been caused by movement or inertness of FLOPPYSEND, in the event that FLOPPYSEND disregards the arrangements of this Contract or appropriate laws and controls in preparing of the Subject information. FLOPPYSEND should be completely obligated for the activity/inactivity of its work force, who are preparing the individual information inside the system of the work obligations and the execution of this Contract, in compliance with this Contract.

2.3. These rules refer to all shapes and categories of data, which are exchanged to the information processor inside the system of this Contract.

2.3.1. CATEGORIES OF PERSONAL DATA TYPE - The Company shall transfer to FLOPPYSEND, within the framework of the Contract, the following Subject Data Type (I) electronic e-mail address and other information that the Customer places on the Site, such as name, mobile phone number, for processing.

2.3.2. Personal data collected - Within the framework of the provision of the FLOPPYSEND service, the following personal data will be collected on subjects: I IP address, (ii) address (country, city), (iii) device usage, (iv) browser usage, (v) e-mail opening, blocked bounce and cancellation time, number of clicks;

2.3.3. Subject data categories - Subject data transferred to FLOPPYSEND applies to the following Subject categories (Subject data categories) - I Company customers or (ii) potential customers of the Company and others placed on the Site by the Customer, such as employees of the Company, potential employees of the Company, debtors of the Company.

2.3.4. Processing Purposes - Subject data shall be transferred to FLOPPYSEND only for the following purpose - (I) sending commercial notices of the Company, or/and (II) sending marketing and advertising materials of the Company, or/and (III) sending of a message prepared and addressed to a particular person, or/and (IV) Sending a message to a specific person, if they subscribe to the news receipt, unsubscribe from receiving the news or correct their profile information, or/and (V) Processing of the Company's Subject Data so that FloppySend can ensure that spam complaints, blocked e-mails, unsubscribed e-mails and open data in the Company's e-mail messages are statistically displayed, or/and (VI) Preparing of Subject information of the Company in the event that the Company demands FLOPPYSEND support in arrange to decide whether the Subject has gotten email of the Company, when the email has been sent to the Subject, why sending of the mail to Sender has been blocked, why the Subject has not gotten the mail, in arrange to restore an email blocked within the active portion of the list, why the mail has been conveyed to the spam organizer of the email benefit supplier, to unsubscribe e-mail from the list, to assist transfer a ﬁle to the Site, containing information Subjects, and in other bolster cases, which the Company demands from FLOPPYSEND.

2.3.5. Tasks speciﬁed by the Company in the processing of Subject data (Nature of the processing of Subject data transferred to FLOPPYSEND) - (I) Sending of an e-mail message, approved by the Company, to Subjects deﬁned by the Company, and/or (II) secure storage of Subject data, placed at the Website, and/or (III) Informing the Company of subjects who have refused to receive messages or who have subscribed to receive messages if the user interface has selected such a possibility, and/or (IV) Processing of spam complaints, blocked e-mails, unsubscribed e-mails and open data in the User Interface for the purpose of displaying data in the Website Interface, sending e-mail reports and statistics in the context of services provided by FloppySend, and/or (V) In order, at the request of the subject, to identify the sender who is complaining to FLOPPYSEND about spam mail, and to inform the Company further of this, and/or (VI) Processing of subject data to ensure that spam mail complaints, blocked e-mails, unsubscribed e-mails and the opening of data in e-mail messages sent by the company are statistically displayed.

2.3.6. Transfer of data - The Company will transfer the Subject Data to FLOPPYSEND using the Interface and/or API Interface User Account.

2.3.7. Term for processing Subject data transferred to Floppysend-3 (three) months after deletion of the Website account or 2 years after the User's last Website activity (if the main User or the main User assigned sub-account has not accessed the Website account for 2 years, the account with the contained data shall be deleted).

3. Rights and obligations of Floppysend

Floppysend processes the data entered in the User Account, including the Subject Data, on the server owned by FLOPPYSEND, which is located in Singapore. Data centres shall ensure, in accordance with the contract signed between FLOPPYSEND and the two sub-processors, the same data protection measures as specified in this agreement, including the implementation of technical and organisational measures.

3.1. For the purpose of providing the Service, FLOPPYSEND shall carry out accounting and analysis, taking into account the rights and freedoms of the Subject (data display in statistical form, display of unsubscribe statistics, unsubscribe e-mails, clicks and e-mail opening in order to optimise the Service provided to the Company, as well as the e-mail user activity score) in relation to the campaigns carried out by the Company. In such a case, FLOPPYSEND shall not, without the prior written consent of the Company, disclose data relating to specific campaigns or any Company data (including Subject Data) to third parties in an identifiable manner, but shall only use them for general statistics in the relevant sector for the purpose of providing services to the Company.

3.2. Floppysend shall ensure that:

3.2.1. If the user of the account has activated such API code on the Website, it is possible to access the user account and, accordingly, the data of the Company, including the Subject Data, using the username and password of the user or API code. Information on subject data is also available to people authorized by FloppySend-staff who require data processing in order to fulfil their job duties. Such availability of subject data is required to ensure the quality of the website and the interface and to provide support to the user. Persons authorized by FloppySend who have access to information on the subjects' data and the subjects' personal data shall observe confidentiality, including the non-disclosure of data to third parties, and shall undertake all necessary activities to ensure the integrity and security of personal data;

3.2.2. Audition records shall be recorded, information shall be recorded on all events of the Subject Data Processing and relevant records shall be kept until the Subject Data is returned and deleted in accordance with the terms of this Agreement, including registration of each event, when:

3.2.2.1. The user account connection or connection attempt is made using the username and password of the user account;

3.2.2.2. If Floppysend personnel accessing the User Account and Subject Data are accessed by the Company, the person accessing the data as well as the date and time of each access event are recorded;

3.2.3. During the complete legitimacy of the Contract relevant organizational and specialized measures might be embraced to guarantee suﬃcient assurance of Company information, counting the Subject information, guaranteeing assurance against information threats, caused by physical and specialized affect, counting guaranteeing nonstop conﬁdentiality, soundness and availability of operation of frameworks utilized in preparing, as it were to the authorized people, by guaranteeing information assurance, which should be executed by computer program apparatuses, passwords, encryption and other consistent implies of security;

3.2.4. Organizational and technical measures executed by Floppysend in handling of Subject information should guarantee that relevant Subject information might be ensured against unauthorized preparing, coincidental and illegal processing, counting utilize, sending, modifying, correcting, erasing, devastation or other loss, that these are not accessible and might not be uncovered to unauthorized people, counting that these are not accessible to such staff of Floppysend (representatives or lawful agents), who don't require them specifically for the execution of the Service;

3.2.5. Floppysend shall carry out regular testing, evaluation and evaluation of technical and organizational measures to ensure the safety of the data subject when processed;

3.2.6. Subject data shall not be transferred to third parties for processing without previous written consent from the Company. The Company may also provide consent in electronic form by confirming, by e-mail, that it does not object to the transfer to third parties of personal data. Floppysend shall inform the Company in advance about the relevant third party prior to the transfer of processing activities, so that the Company may evaluate third parties and object to the transfer of personal data and, where applicable, to the transfer of personal data. If the Company has consented to the transfer of personal data to a third party, Floppysend shall ensure that the third party concerned complies with all obligations imposed on Floppysend by this Contract with regard to the processing of the data subject, and that a corresponding written contract is signed with the person concerned prior to the transfer of personal data to the person concerned;

3.2.7. Services may be conducted using equipment or facilities located in the United States or in the European Union. The US service providers of Floppysend are either compliant with the Privacy Shield or have implemented Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for ensuring that personal data of EU citizens processed by FloppySend customers when using the Floppysend Service is received from the supplier and its service providers located outside the EU when processed in the United States Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By agreeing to these Terms, the Client grants Floppysend a general authorization to engage processors for the purposes of providing Floppysend services within the meaning of Article 28(2) of Regulation (EU) 2016/679. Floppysend shall inform the Customer in advance of any changes to such processors.

3.2.8. Floppysend shall ensure their confidentiality and an adequate level of security upon processing of the subject data. Floppysend shall protect the data transferred for processing against destruction, alteration and unlawful distribution of such data and shall ensure that access to such data is available only to authorized persons. Floppysend shall also ensure the integrity of and protect the data transmitted for processing from any other unauthorized and/or unlawful processing, including by ensuring that:

3.2.8.1. Technical resources (information systems, etc.) used for the processing and protection of Subject Data shall be accessible only to persons authorized by it;

3.2.8.2. Information carriers containing Subject Data shall only be registered, transferred, arranged, transformed, transferred, copied and processed by authorized persons;

3.2.8.3. Any activity involving Subject Data shall be carried out only by persons authorized to carry out such activity; that access to Subject Data shall be granted only to those persons who directly require it to provide the Service in accordance with the instructions of the Company; and that the handling of Subject Data shall be supervised by the persons concerned;

3.2.8.4. The Company shall be informed without delay of any unauthorised disclosure, use, processing, alteration, alteration, deletion, destruction or other loss of the Company's confidential information in the event that Floppysend takes possession of the relevant information, as well as of the information available to Floppysend in relation to reasonable, existing threats to the unauthorised disclosure, use, processing, alteration and disclosure of the information;

3.3. Floppysend shall be entitled to stop the distribution of the Company's e-mails until further instructions have been received from the Company, and shall immediately inform the Company thereof by sending the relevant notice to the e-mail address registered on the Company's website in the following cases:

3.3.1. If the Hard bounce rate of the campaign sent out by the Company is starting from 8-15%.

3.3.2. If the Abuse rate of the campaign sent out by the Company is more than 0.5%.

3.3.3. If the Unsubscribe rate of the campaign sent out by the Company is more than 1%.

3.3.4 If the Customer does not comply with FloppySend's anti-spam rules.

3.3.5 If the Customer's mailings aﬀect the locking of FloppySend IP addresses and domains.

3.4. Floppysend shall be entitled, until further agreement has been reached with the Company, to stop the distribution of the Company's e-mails and to immediately notify the Company thereof by sending the appropriate notice to the e-mail address registered on the Company's website. If the number of blocked e-mails sent from the Floppysend interface increases and/or the number of blocked e-mails sent from the Floppysend interface increases, and/or if the delivery of sent-out e-mails decreases in the inbox of the e-mail service provider (INBOX) as a result of the company's actions, the reputation of Floppysend as the provider of the e-mail sending infrastructure service is affected.

3.5. No liability shall be assumed by Floppysend for undelivered e-mails if the non-delivery of e-mails is due to circumstances independent of Floppysend.

3.6. Floppysend shall comply with the Company's written instructions with regard to the processing of Subject Data, including with regard to the technical and organizational measures in force, and shall immediately inform the Company if Floppysend is unable to comply with the provisions of this Contract, thereby ensuring that the technical and organizational requirements of Subject Data Protection, Data Protection or Data Protection are complied with.

3.7. With respect to the personnel involved in the processing of data relating to the subject, Floppysend shall ensure:

3.7.1. Relevant persons have assumed obligations of confidentiality and undertaken to comply with the provisions of this contract;

3.7.2. Training in data protection matters, including the requirements laid down in the applicable laws and regulations, shall be provided to persons who have access to the subject data in the context of the performance of job responsibilities and to persons who process the subject data in the context of the performance of job responsibilities. Floppysend shall provide its personnel with annual training at its own expense, thereby ensuring the improvement of the skills and qualifications of the personnel involved in the processing of personal data.

Entire Agreement

The terms of the Privacy Policy and Anti-Spam Policy posted on this Website are incorporated herein by reference, constitute the entire agreement and understanding between Floppysend and the Customer and supersede all prior and contemporaneous agreements, documents, oral or written proposals, between Floppysend and the Customer, with the exception of any prior confidentiality agreement that will continue in effect.

FloppySend Data Protection & Support: support@floppysend.com

Last updated: December 17, 2020.

Introduction

This Floppychat, Terms and Conditions, along with the Privacy Policy, constitute an Agreement established by and between Floppychat, and the Customer by virtue of the Customer registration to the Services through the applicable Company website and is effective as of the date of the Customer registration to the Services (the “Effective Date”). By accepting the Agreement, the Customer confirms that they have read, understood and accepted its contents.

Each party represents that it has validly entered into the Agreement and has the legal power to do so, and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and (c) the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.

Please also review our Privacy Policy, which is part of the Agreement and can be viewed here. The Privacy Policy describes how we collect and handle any information gathered from the Customer and other users of the Services. By accessing or using Services, including browsing the site, the Customer accepts Privacy Policy and expressly consents to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy.

In the event of any conflict between the Agreement and any Addendum thereto, the provisions of the Agreement take precedence.

Parties to the Agreement are bound by the following provisions.

Definitions

The following terms shall have the meanings specified below:

“Account,” “License” - means any account created by the Customer subscribing to Services.

“Agent” means a named user(s) in the Service employed by the Customer to operate Services for or on behalf of the Customer.

“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.

“Company,” “We” , “Us” (or “Provider” in the Data Protection Addendum) means Floppychat. The worldwide corporate headquarters and principal office of the Company shall be Nexotech PTE. LTD. Registration No. 201942581G, 68 Circular Road #02-01, Singapore (049422).

“Customer,” “You” (or “Client” in Addendums to the Agreement) means any user, person, or entity who creates an account and uses Services supplied by the Company under the Agreement.

“Documents” means any relevant document that is, or may be, related to the Agreement, including, but not limited to, applicable Addendum(s).

“End-User” means any person with whom the Customer or its Agents interact with while using Services.

“Personal Data/Personal Information” means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by Floppychat (or a Sub-Processor) on behalf of the Customer pursuant to, or in connection with, the Agreement.

“Services” means the services and products supplied by the Company to the Customer under the Agreement.

“Sub-Processor” means entities in which software, goods, or services are used by the Company in order to run a business, in particular, to provide Services.

“Third Party Service Provider” means any third party that collects, process, and/or uses Personal Information under the instruction of Floppychat including any consultant, representative, advisor, or independent contractor (including Sub-Processors) who renders services to the Company, a subsidiary, or an affiliate.

“Visitor” means any person who is visiting/browsing any website where Floppychat Services are installed.

All terms derived from General Data Protection Regulation, such as “Commission,” “Controller,” “Data Subject,” “Member State,” “Personal Data,” “Personal Data Breach,” “Processing,” or “Processor,” should be understood in line with their regular meaning coming from the regulation.

General Statements

1. On principles set out in these Terms and Conditions, Floppychat renders the following Services: LiveChat, ChatBot and Knowledge Base via the following Internet websites www.floppychat.com.

2. Accepting these Terms and Conditions, along with the Privacy Policy, is a condition of using the Services provided by Floppychat. The Agreement, and the relevant Documents, exclusively govern the contractual relationship between the Customers and the Company.

3. Customer’s access to the Internet is not the subject of the Agreement. The Customer bears sole responsibility for the functionality of its Internet access, including the transmission paths and its own hardware.

4. Please keep in mind that Floppychat may modify the provisions of the Agreement, and only those currently visible on our website are up to date and binding. However, modifications shall not adversely affect the main provisions of the Agreement, such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least thirty (30) days before the change implementation and, if not clearly rejected within (seven) 7 days after the notification, are treated as accepted. Therefore, we encourage you to periodically familiarize yourself with the currently effective Terms and Conditions version on our Internet websites.

5. Further use of Services, after explicit notification of changes by Floppychat and in the absence of Customer rejecting such changes, after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.

Services Description

1. Floppychat provides the Customer with access to ordered software available on the following websites: www.floppychat.com for the term specified in the Agreement. The software used by the Customer in accordance with its application and purpose defined in the Agreement, available on the following websites: www.floppychat.com and provided by Floppychat shall be deemed Services.

2. The usage of any new Services available on the aforementioned websites, after the Customer has accepted the Terms and Conditions, shall be subject to its provisions.

3. Floppychat is exclusively entitled to add, change, remove, and adapt the functionality, the use, subject matter, and the range of particular Services, including the software provided, its contents, and its nature; as well as to cease rendering the Services, in particular, in the event of further development of the Services offered by the Company.

Access And The Use Of Services

1. Floppychat Services are exclusively designated for business use and must be used only in accordance with their contractual intended purpose, aim, and the Agreement. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.

2. Floppychat Services can be accessed solely by logging in to the Service on a particular website. Floppychat provides the Customer with the login data required for the identification and authentication of named users in the Service (except Services in which Agents are not required). The Customer is not permitted to transfer login data to third parties other than defined. New and/or additional users will be notified by the Customer to Floppychat in advance so that individual login data can be provided to each user and, if necessary, the fee calculation can be adjusted.

3. Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service. The Customer agrees and acknowledges that each Agent’s credentials shall only be used by one (1) designated individual Agent. The Customer further agrees and acknowledges that an Agent’s credentials cannot be shared or used by more than one individual, but that Agent’s credentials may be reassigned to new individuals replacing former individuals who no longer require ongoing use of the Services. The Customer and its Agents are responsible for maintaining the confidentiality of all of the Agent credential information for the Customer Account.

4. The Customer must be at least 13 years of age to be able to register and to access his or her Account. Floppychat does not knowingly provide Services to any person under the age of 13.

5. The Customer undertakes to use the Services exclusively for its own purpose and in a manner consistent with the currently effective law and the Agreement.

6. The Customer is full responsibility for any and all contents, phrases, and entries added to the network in connection with the use of offered Services.

7. The Customer is responsible for compliance with the provisions of the Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations the Customer may maintain or enter into with Agents or End-Users.

8. The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.

9. Floppychat reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.

10. The Customers of Floppychat Service declares that they will not use the Service in a way that may constitute a violation of laws.

11. Violation of the Agreement, applicable laws, or generally accepted norms and rules shall lead to the termination of the Agreement.

12. The Customer is responsible for providing valid and current Account information and the Customer agrees to promptly update its Account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).

Acceptable Use Policy

1. This Acceptable Use Policy applies to Floppychat Services accessible through www.floppychat.com and successive URLs related to the domain or subdomain.

2. The Customer understands and agrees that Floppychat shall have no responsibility or liability whatsoever for any and all data and content provided by the Customer. In particular and without limitation, the Customer may not:

a. Hinder the functioning of Services, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof), or related systems, networks, or data;

b. Use the Services in a way contradictory to the Agreement and causing a real danger for Floppychat For example, using the Services to generate or send unsolicited communications or communication judged to be spam, or otherwise cause Floppychat to become impaired in its ability to provide the Service;

c. Misrepresent or mask the origin of any data, content, or other information you submit. For example, by “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone else, or access the Services via another Customer’s account without their permission;

d. Use the Services in a way which violates the rights of other individuals or laws;

e. Promote or advertise products or services different from the one belonging to the Customer without legal basis;

f. Sublicense, license, sell, lease, rent, or otherwise make available the Services or provide access to any third party;

g. Copy, translate, disassemble, decompile, reverse engineer, or otherwise modify the Services in whole or in part, or create derivative works based thereon;

h. Use the Services in any manner that is contrary to applicable law, including, without limitation, the unlawful usage of data, and transmitting information or data that is unlawful or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others;

i. Endanger, interfere, compromise or circumvent the privacy, use, and/or security of the Service, including, without limitation, submitting data or content that may contain viruses or other harmful components; or

j. Breach any duty toward, or rights of, any person including, without limitation, rights of publicity or privacy, or take actions that can otherwise result in consumer fraud, product liability, tort, breach of contract, injury, or damage or harm of any kind to any person;

k. Use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components;

l. Allow or encourage anyone else to commit any of the actions listed above.

3. As a condition of using the Services, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. The Customer shall (a) as required by applicable law, provide notice to its customers (End-Users) and Agents, as well as obtain consent (if required) for processing and transferring Agents and End-Users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-Users, and Agents that have access and use the Services; (c) comply with any limitations or restrictions set forth in the Agreement, and (d) use the Services only in compliance with applicable law.

4. All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, “Data”), is the property of the Customer. The Customer is solely responsible for Data collected, submitted, and generated by the Services. Floppychat is not responsible for the way the Customer uses the Services and Data.

5. The Customer acknowledges and agrees that in providing the Services, the Company will engage Sub-Processors to Process the Personal Data, including, and without limitation, any Personal Data within Service Data pursuant to the Agreement within the European Economic Area, the United States, and in other countries and territories. Any third-party service providers utilized by Floppychat will only be given access to the Customer Account as is reasonably necessary to provide the Services and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the Company standards; and (b) their agreement to comply with the data transfer restrictions applicable to the Company. The names of all current Sub-Processors used for the Processing of Personal Data under the Agreement are set forth on the Company’s website.

6. The Customer is responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, browser software that supports protocols used by the Company and to follow the Company’s procedures for accessing Services. We are not responsible for notifying Customer, Agents, or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by the Company. We assume no responsibility for the reliability or performance of any network connections as described in this section.

7. The Customer shall prevent unauthorized access by third parties to the Service and shall also oblige its employees and Agents to comply with this obligation.

Trademarks And Intellectual Property

1. “Floppychat” is a registered trademark and is therefore subject to national, as well as international, protection.

2. Floppychat states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, and computer software, as well as to all Company signs, symbols, and trademarks used within its scope of business activity.

3. The Floppychat websites listed above and all information, content, material, graphics, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Visitors and the Customer through the aforementioned websites are its exclusive property of Floppychat and are protected under applicable law.

4. The Floppychat websites and all information, content, materials, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided on a “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and the Company, to the maximum extent permitted by applicable law, expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Customer acknowledges that the Company does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software, and no information or advice obtained by you from us or through the Services shall create any warranty not expressly stated in the Agreement.

5. Customer grants to Floppychat and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Customer, Agents or End-Users relating to the operation of Floppychat or its affiliates’ services.

6. All rights, title, and interest in and to the Services and all hardware, Software, and other components of, or used to provide, the Services, including all related Intellectual Property Rights, will remain with Floppychat and its affiliates and belong exclusively to Floppychat and its affiliates.

7. The Customer shall indemnify, defend, and hold harmless Floppychat from and against any and all losses, damages, demands, claims, actions, liabilities, fines, penalties, and related expenses (including reasonable legal fees) asserted against or incurred by Floppychat that arise out of, or result from, the Customer data and in relation to any and all claims related to the infringement of any patent, copyright, trademark, or trade secret right, or other intellectual property rights, private right, or any other proprietary or personal interest of any third party violated by the Customer data. The Customer data is any and all data inserted by the Customer and/or created in the Floppychat Service for the term of the Agreement.

8. Prior written consent of Floppychat is required for any not permitted business and non-business use of offered Services. Such consent is required, in particular, when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media, as well as for the disposal or use of its work (adaptations, alterations, modifications).

9. Unauthorized lending, sale, or granting of further licenses and sublicenses to the offered products and services by the Customer, or any other entity or person, without the express consent of Floppychat is prohibited. Such acts are not deemed to be the proper use of Services.

10. The Customer must not modify or change the purpose and use of offered Services. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Floppychat is prohibited.

Payments

1. The use of offered Services available on the websites listed above is free of charge for the first one month depending on the Services (free trial period).

2. After the free trial period ends, if the Customer wishes to continue using the Services, the Customer will be requested to make a payment according to the currently effective price list placed on the individual website.

3. All payments shall be non-cash transactions, conducted electronically by external professional entities. The Customer acknowledges and agrees that Floppychat shall send invoices and payment reminders exclusively by electronic means.

4. Lack of payment means resignation from the provided Services.

5. The receipts for all payments will be provided electronically and stored in the product as PDF files.

6. The Customer is responsible for providing complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.

7. The Customer shall be given a 14-day period notice of all changes in the price list.

8. In addition, Floppychat may change the remuneration with prior notice, including, without limitation, in the event of further development and/or the expansion of the Services offered by Floppychat.

9. Unless expressly agreed otherwise, all amounts stated in the Agreement or the price list are exclusive of all duties or taxes. The Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, or charges of any kind imposed by federal, state, or local governmental entities on amounts payable by the Customer.

Subscription

1. Regardless of the billing cycle, the Company provides no refunds, no right of set-off, or credits for unused time of the Services, or plan downgrades if you decide to close, downgrade, or suspend your account before the end of your subscription period.

2. There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers.

3. Details for the trial account, paid subscription, and canceling the account are as follows:

3a. Trial Services

a. After signing up, the Customer gets a new, fully-functional trial account. Use of Trial Services is subject to the Terms and Conditions of the Agreement. Free Trial Services are provided to the Customer without charge and are valid for one month (depending on Services), because we want the Customer to test the Services in its own business environment and get to know Services well before the Customer makes a decision about the subscription. During a trial period, the credit card is not required;

b. The free Trial Services are provided “as-is” and without any warranty set forth in the Agreement, and, in addition, the Company does not represent or warrant to the Customer that: (a) Customer’s use of the free Trial Services will meet Customer’s requirements, (b) Customer’s use of the free Trial Services will be uninterrupted, secure, or free from error, and (c) usage data provided through the free Trial Services will be accurate;

c. The Customer agrees that the Company will not be liable to Customer or any third party arising out of, or in connection with, free Trial Services. In particular, the Company shall have no indemnification obligations, nor liability of any type, with respect to the free Trial Services unless such exclusion of liability is not enforceable under applicable law, in which case the Company’s liability with respect to the free Trial Services shall not exceed $1,000.00;

d. Notwithstanding anything to the contrary in sections ii. and iii. above, the Customer shall be fully liable under the Agreement to the Company for any damages arising out of Customer’s use of the free Trial Services, any breach by Customer of the Agreement, and any of Customer’s indemnification obligations hereunder.

3b. Paid subscription

Once the Customer decides to subscribe, we need the Customer to provide its credit card details, however, we will not charge the Customer immediately after submitting its valid details, but upon the end of its free trial. We do not offer refunds on already processed payments – this policy is the same for all Customers – and the Customer is responsible for all charges in its subscription.

4. The Agreement shall be concluded for the term specified by the Customer (Subscription Period). The term of the Agreement shall automatically renew for additional periods equal to the expiring Subscription Period unless the Customer closes its account or either Party terminates the Agreement.

5. The Customer is responsible for closing its account and may close it at any time. Account closing means that the further use of Services with the use of the current password and login shall no longer be possible and after closing the Customer Account, it will stop working immediately.

6. Floppychat shall, at the prior written request of the Customer, delete the Customer’s Personal Data within (thirty) 30 days.

7. Closing the account by the Customer before the end of Subscription Period for which a payment has been made does not obligate Floppychat to refund the amount for the unused period.

8. Floppychat reserves the right to close the Customer’s account and terminate the Agreement anytime without prior notification to the Customer in case of breaching provisions of the Agreement or in the event of illegal use of the furnished Services. Floppychat shall not be liable for any damages suffered by the Customer,the End-User, or any other third party arisen due to the suspension or closing of the Account by the Customer, or by the Company, or in the event of illegal or for other reasons arising from the faulty use of the offered Services by the Customer, its Agents, or End-Users.

9. The Agreement will terminate simultaneously and automatically with the termination of any of the Addendum(s) unless otherwise mutually agreed by Parties.

Data Protection Compliance

1. In order to fulfill the contractual obligations of the Services, there will be the processing of personal data for the Customer. Floppychat is dedicated to providing data protection and to promote compliance with rules set forth by, among others, the European Union.

2. The Customer shall comply with Data Protection Laws and Regulations, including, without limitation, to be authorized to pass on personal data to Floppychat. for the purposes stipulated in the Agreement. If the European Union’s General Data Protection Regulation (EU/2016/679) (GDPR) applies to personal data that Floppychat processes on behalf of Customer as a data processor in the Services, then the Agreement shall be supplemented by the General Data Protection Compliance form available through this link. Upon execution by the Customer, the DPA is hereby incorporated by reference herein into the terms of the Agreement.

3. Any observation or breach of data protection may be reported via support@floppychat.com (or via support ticket through our website).

4. Floppychat will never sell, rent, or lease Customer service data to any third party. We will not share Customer service data with third parties, except as permitted by the Agreement and in order to provide, secure, and support the Services.

Privacy Policy

Insofar as Floppychat receives personal data from the Customer, employees of the Customer, as well as the Customer’s End-Users during the Agreement, such data shall be collected, processed, and used by Floppychat as described in a separate Privacy Policy. For information regarding Floppychat compliance with the Privacy Shield Frameworks, please visit our Privacy Policy.

Guarantee

1. Floppychat guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.

2. Floppychat does not guarantee the compatibility of offered Services with other producers’ software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives. Please be aware that due to the complexity of long-distance data transmission, there is no possibility to ensure absolute security, accessibility, and continuity of the provided Service.

3. Floppychat shall bear no liability in particular for:

a. All negative consequences being the result of force majeure;

b. Phrases and entries added to the network by the Customer and End-Users in connection with the use of offered Services;

c. Unlawful and inconsistent with the Agreement usage of Services;

d. Disturbances in accessibility of offered Services not caused by Floppychat;

e. Damages suffered by the Customer, End-User, or any other person or entity having arisen due to the third-party claims, suspension or closing of the account by the Customer, or for other reasons arising from the Customer’s fault;

f. Damage incurred by the Customer, End-Users, or any other person or entity as a result of Customer’s third party usage of Services that enable or prevent the Customer or End-Users from accessing the provided Services;

g. Damages caused by the Customer or the impossibility to use Services, incidental and consequential damages, including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, or company reputation infringement;

4. Floppychat advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of Floppychat, including, without limitation, actions of third parties who do not act on behalf of Floppychat, force majeure, fires, strikes, accidents, and technical conditions beyond the control of Floppychat, e.g. the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not constitute a breach of the Agreement;

5. The Company shall, at its sole discretion, repair or re-perform such Services (or correct the defective part). If, at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may terminate the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services. THESE REMEDIES SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND LIVECHAT’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED GUARANTEE SET FORTH IN THIS SECTION.

Liability

1. Liability. The Company shall be liable for any direct damage caused to the Customer due to the non-compliance with its obligations under the Agreement, excluding the situation where the damages are the result of an action or omission for which the Company is not responsible. However, in no event shall the aggregate liability of the Company with all of its affiliates arising out of, or related to, the Agreement, (including the applicable Addendum(s)), exceed the total amount paid by the Customer and its affiliates hereunder for the Services giving rise to the liability in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer’s and its affiliates’ payment obligations under the Agreement.

2. The Customer agrees to the following limitation of liability to the extent permitted by applicable law: the Customer expressly understands and agrees that the Company shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) statements or conduct of any third party on or in the Services; or (c) any other matter relating to the Services.

Final Provisions

1. Floppychat reserves the right to amend or supplement the Agreement at any time without notice. As long as the Customer uses the Services, the amendments or supplements to the Agreement shall be deemed approved. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” and “Privacy Policy” at the bottom of our website.

2. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

3. Governing Law. The Agreement shall be governed by the laws of the State of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court located in the State of Massachusetts, and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non-conveniens. All disputes arising out of the Agreement shall be primarily resolved amicably. Floppychat is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of the Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.

Terms and Conditions

Introduction

Prohibited Content & Industries

Customer Restrictions and Responsibilities

SERVICE AVAILABILITY & SMS DELIVERY

Limitations of Liability

Miscellaneous

Subscription & Payments

Disclaimer & Warranties

ANTI SPAM POLICY

Entire Agreement

Introduction

Prohibited Content & Industries

Customer Restrictions and Responsibilities

Service & Support

Special Email Provisions

Limitations of Liability

Miscellaneous

Disclaimer & Warranties

Termination / Cancellation Policy

Data Processing

Entire Agreement

Introduction

Definitions

General Statements

Services Description

Access And The Use Of Services

Acceptable Use Policy

Trademarks And Intellectual Property

Payments

Subscription

Data Protection Compliance

Privacy Policy

Guarantee

Liability

Final Provisions

Services

Terms

Payments

Cancellation and Early Termination

Server Abuse

Disk Space Abuse

Bandwidth Abuse

AUP

Customer Information

UNSOLICITED EMAIL & SPAMMING

99.99% UPTIME GUARANTEE

TECHNICAL SUPPORT BOUNDARIES

CGI SCRIPTS

Indemnification

Disclaimer of Warranties

Limitation of Damages

Suspension of Services/Termination

Request For Customer Information

Back Up Copy

Request For Restore Of Hosting Package

Changes To FloppyHoster's Network

Notices

Force Majored

Governing/Law Disputes

Miscellaneous

Copyright Files

CANCELATION OF SERVICE

PROMOTIONAL RATES & SPECIAL OFFERS

INTELLECTUAL PROPERTY RIGHTS

NETWORK SECURITY

ELECTRONIC COMMERCE

STATIC & DYNAMIC CONTENT CACHING

IP ADDRESS OWNERSHIP

DOMAIN NAME REGISTRATION

LAWFUL PURPOSE

PRIVACY STATEMENT

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