1. Consent and acceptance of terms

Prezly BVBA (“ Prezly”, “we”, “us” and terms of similar meaning) provides this website and the information on this Web site as provided in these Terms of Service (“TOS”).

Prezly may update the TOS at any time and without prior notice by posting a new version at http://www.prezly.com/termsofservice

The moment you register and each time you make use of Prezly, you consent to and explicitly accept the most recent version of the TOS posted.

By registrating on and using Prezly, you agree to our use, collection and disclosure of personally identifiable information in accordance to our Privacy Policy. (“PP”)

If you do not agree to all of the terms and conditions contained in these terms of use, do not use the service in any manner.

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2. Service

Prezly provides you with a way to send and receive press releases and a variety of other services.

Any new features that augment or enhance the current service of Prezly shall be subject to the TOS.

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3. Registration

In consideration of your use of Prezly and registration, you confirm:

1. To provide true, accurate, current and complete information about himself as prompted by the Prezly account information and registration form.
2. Having the legal age and legal ability to form a binding contract under the Belgian law and other applicable jurisdiction.
3. To update your account information to keep it true, accurate, current and complete.
4. Maintaining the security of your password and accept all risks of unauthorized access to the registration data and any other information you provide through Prezly.

If you provide any information that is false, inaccurate, not current or incomplete, or Prezly has even reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, Prezly has the right to suspend or terminate your account and refuse any and all current or future use of Prezly without any refund.

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4.Payment, refunds, fees, upgrading and downgrading

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Paying accounts will be billed/charged upon completion of account creation process.
3. You are responsible for the trial of the Applications using the free plan prior to usage of a paying plan. If you activate a paying account, you waive your right to a trial of the Applications.
4. Service of the Applications is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Belgium taxes (which we charge on payment).
6. You are solely responsible for applicable fees by third parties due to integration with the Applications, including, but not limited to fees associated with payment processing.
7. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
8. Downgrade is only available when the account is eligible for the target downgrade plan.

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5. Cancellation and termination of services

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from within your account site. The option is available under "Account settings -> billing information"
2. Any or all of your data will be permanently removed from our system upon cancellation. This removal cannot be reversed. The data that is lost cannot be restored. Prezly reserves the right to preserve any or all of the data in a non-restorable form.
3. If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. You will not receive a refund for unused time.
4. Prezly, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Applications, or any other Prezly service, for any reason at any time. Such termination of the Applications will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. Prezly reserves the right to refuse service to anyone for any reason at any time.

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6. Modifications to prices and plans

1. Prezly reserves the right at any time and from time to time to modify or discontinue the operation, support, and service of the Applications, temporarily or permanently, with or without notice.
2. Details for paid plans, including but not limited to features enumerated on the Website, are subject to change upon 30 days notice from Prezly. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
3. Details for the free plan, including but not limited to features enumerated on the Website, are subject to change at any time from Prezly.
4. Prices, including but not limited to monthly subscription plan fees to the Applications, are subject to change upon 30 days notice from Prezly. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
5. Prezly shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Applications.

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7. Content you provide

All information, data, text, software, sounds, graphics, or other materials ("content"), are the sole and only responsibility of the person from whom such content originated.

This means you, and not Prezly, are entirely responsible for all content that you upload, transmit, distribute, store, create or otherwise publish through Prezly.

By using prezly you explicitly agree not to upload, transmit, distribute, store, create or otherwise publish content that:

1. Is unlawful, threatening, harmful, abusive, harassing, tortuous, defamatory, vulgar, pornographic, libelous, suggestive, obscene, invasive, hateful, racially or ethnically harmful, to any person, company, or any other entity.
2. Violates the privacy of any person, company or any other entity.
3. Violates the law of any state or governmental entity.
4. Misrepresents your affiliation with a person, company or any other entity;
5. You can’t make available under any law or under contractual or other relationships;
6. That includes or could include spam, junk mail or any other form of not wanted information and every other form of deceiving or unsolicited information.
7. That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, company or other entities.
8. That includes viruses, disrupted or destructive files, corrupted data or any other to hard- or software harmful files.
9. That disguises your identity in any way.
10. That harms, interferes or disorientates the prezly software.

If you upload, transmit, distribute, store, create or otherwise publish content that in any way infringes the above terms, Prezly can has the right to suspend or terminate your account and refuse any and all current or future use of Prezly without any refund.

Prezly isn’t in any way obliged to control the content you upload, transmit, distribute, store, create, but can without your approval or permission and at any time control, remove or refuse any content you upload, transmit, distribute or store through Prezly.

You accept and consent explicitly that Prezly is not responsible for any harm, caused in every possible way, by content that is uploaded, transmitted, distributed, stored or created through Prezly.

Again, the content you upload, transmit, distribute, store, create is entirely your responsibility.

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8. Limited license of your user content

Prezly does not claim any ownership interest in the content you upload, transmit, distribute, store and create. However Prezly does need the right not only to use your content to the extent necessary to operate this site, but also to the extent to make the content available for world-wide publication and for any other purposes of publicity.

For these purposes and according the above terms, you grant Prezly a totally free license on and for all the content you upload, transmit, distribute, store and create through Prezly.

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9. Indemnity and liability

You waive and shall not assert any claims or allegations of any nature whatsoever against Prezly, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees 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, resulting from the use or the inability to use Prezly and its software.

You waive and shall not assert any claims or allegations of any nature whatsoever against Prezly and persons and entities mentioned above, arising out of or in any way relating to the content you upload, transmit, distribute, store or create.

The indemnity also includes that you bear all possible costs (for example but not limited to attorneys’ fees or arbitration cost) of any legal procedure caused or inflicted by any possible harm caused in every possible wayby the content uploaded, transmitted, distributed, stored or created.

You acknowledge and accept that Prezly will not be liable to you or to any third party for any modification, suspension or discontinuance of Prezly and it services. (for example, but not limited server breakdown, loss of internet connection, human error,..)

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10. Termination

You agree that Prezly can terminate your access to Prezly for violations of the TOS, requests by authorized law enforcement or other government agencies and for any other reason that Prezly finds required by law or good faith.

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11. Links

Prezly may provide, or third parties may provide, links to other World Wide Web sites or resources.

You accept and agree that Prezly has no control over such sites and resources and that content published on these sites, or links to these sites are not the responsibility of Prezly but of these sites.

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12. Disclaimer of warranties

You agree and accept that the use of Prezly is at your own and sole risk.

You explicitly agree with the fact that Prezly and its software is provided to you on an “as is” and “as available” service.

The fact that Prezly does not match or meet your requirements or cannot fulfill your expectations in any possible way is at your own risk and not the responsibility of Prezly. You explicitly understand and agree that prezly cannot make this warranty.

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13. Choice of jurisdiction

Any litigation between Prezly and any other contractual or non-contractual party has to take place before the Belgian court of commerce (rechtbank van koophandel) of Leuven.

For questions or concerns about our site or these, please do not hesitate to contact support@prezly.com !