Last updated November 22, 2021
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Movalio website - available at www.movalio.com -, Movalio application - available at any subdomains such as eu1.movalio.com, us1.movalio.com - (collectively named the "Service") operated by Movalio Media SRL ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to send, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You, as a client, are responsible for the Content that you send through to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. The client is solely responsible for the content of any postings, data, or transmissions using the Services ("Content"), or any other use of the Services by Client or by any person or entity Client permits to access the Services (a "User"). The Client represents, warrants, and covenants that it and any User will not use the services (i) for unlawful purposes including, without limitation, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity, and libel, or (ii) to interfere with or disrupt other network users, network services or network equipment. Disruptions include, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another such user, falsifying one's network identity for improper or illegal purposes, sending unsolicited mass e-mailings, violating the Acceptable Use Policy, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
If Movalio Media SRL has reasonable grounds to believe that Client or a User is utilizing the Services for any such improper purpose, Movalio Media SRL may suspend or terminate Services immediately. Client shall defend, indemnify, hold harmless Movalio Media SRL from and against all liabilities and costs (including reasonable attorney's fees) arising from any and all claims by any person arising out of Client's use of the Services, including without limitation any content.
Movalio platform provides you functionality that enables the collection of visitor and customer email addresses, telephone numbers, shopping data, and other pieces of information to create, send, and manage online email campaigns, text messages, web/mobile push notifications and other similar messages.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Additional functionality is available to users subscribing for a paid account. A free plan may continue to be available with limited functionality. The functionality available in the free plan may be reduced in the future. Depending on your usage of the Service, this may require you to upgrade to a paid plan in the future in order to continue using the Service at the same capacity.
Some parts of the Service (paid accounts) are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MOVALIO MEDIA SRL cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting MOVALIO MEDIA SRL customer support team.
If the conditions of your present subscription plan are reaching the limit of the supported number of subscribers, you will receive alert messages and the steps that you need to take in order to upgrade. The upgrade will not be made automatically.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide MOVALIO MEDIA SRL with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MOVALIO MEDIA SRL to charge all Subscription fees incurred through your account to any such payment instruments.
If you are using the Shopify integration, the payment for Movalio services will be handled by Shopify and the costs will appear on your Shopify invoice.
Should automatic billing fail to occur for any reason, MOVALIO MEDIA SRL will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
MOVALIO MEDIA SRL, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
MOVALIO MEDIA SRL will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by MOVALIO MEDIA SRL on a case-by-case basis and granted in sole discretion of MOVALIO MEDIA SRL.
In order to be valid, refund requests must be received within 3 business days after you have started your subscription.
The amount we refund to you will not include payment processing fees, if any, associated with your original payment.
All Software, the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of Movalio. Subject to your full and complete payment of all amounts due to Movalio, Movalio grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Movalio Software and the Service. You agree not to use, copy, remove, publish, distribute, perform or display any Movalio Software or materials (such as media files, templates, graphics), or any portion thereof, in any other context or website or in connection with any other service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by MOVALIO MEDIA SRL.
MOVALIO MEDIA SRL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MOVALIO MEDIA SRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall MOVALIO MEDIA SRL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
MOVALIO MEDIA SRL its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at email@example.com or via the details on our Contact page.