Last updated: 22th October 2018
Terms of Service
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”).
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms. These Terms contain the entire understanding of the parties on the subject matter hereof.
Prezly provides online software, which can be used to manage and reach out to the Customers’ stakeholders (media relations, social influencers, internal stakeholders). It allows the Customer to publish stories online and email these stories to their contacts.
In consideration of your use of Prezly and registration, you confirm:
- To provide true, accurate, current and complete information about himself as prompted by the Prezly account information and registration form.
- Having the legal age and legal ability to form a binding contract under the Belgian law and other applicable jurisdiction.
- To update your account information to keep it true, accurate, current and complete.
- 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.
- Your username and password is tied to you as a person, it can't be shared across teams, nor can anybody except you gain access to the account using your details.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You cannot use Prezly for the sole purpose of Search Engine Optimization (SEO) benefits.
- Prezly may contact you about your account or updates to our service at any point.
- You grant Prezly the right to use your company name and logo in promotional material. If you need an exception to this, please send us an email before you sign up.
If you provide any information that is false, inaccurate, or Prezly has even reasonable grounds to suspect that the information you provide is untrue, inaccurate, Prezly has the right to suspend or terminate your account and refuse any and all current or future use of Prezly without any refund.
4. Payments, refunds, up- and downgrading
- Paying accounts will be billed/charged upon completion of account creation process, unless agreed upon otherwise.
- Service of Prezly is billed in advance on a monthly or yearly (unless otherwise agreed upon) basis and is non-refundable. There will be never refunds for partial months, years or other agreed upon periods of service. For the purposes of equality, no exceptions will be made.
- All fees are exclusive of all taxes (except Belgian taxes), levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- You are solely responsible for applicable fees by third parties due to integration with Prezly, including, but not limited to fees associated with payment processing.
- For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.
- Downgrade is only available when the account is eligible for the target downgrade plan.
5. Cancellation and termination of services
- You are solely responsible for canceling your account. You can cancel your account at any time from within your account site. The option is available under "Account settings -> subscription plan -> manage your subscription"
- If you cancel your plan before the end of your billing cycle, you will not receive a refund for unused time.
- Upon any termination, Prezly will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data
- You agree that Prezly can terminate your access to Prezly for violations of the TOS, requests by authorized law enforcement or other government agencies.
6. Modifications to prices and plans
- Details for any plan, including but not limited to features, price 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.
- Prezly pricing is based on your usage. It is possible to exceed the agreed upon limits, but you will charged accordingly.
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:
- 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.
- Violates the privacy of any person, company or any other entity.
- Violates the law of any state or governmental entity.
- Misrepresents your affiliation with a person, company or any other entity;
- You can’t make available under any law or under contractual or other relationships;
- 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.
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, company or other entities.
- That includes viruses, disrupted or destructive files, corrupted data or any other to hard- or software harmful files.
- That disguises your identity in any way.
- 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.
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 license on and for all the content you upload, transmit, distribute, store and create through Prezly to operate the Service.
9. Indemnity / liability / warranty
Prezly shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Prezly or by third-party providers, or because of other causes beyond Prezly’s reasonable control, but Prezly shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
However, Prezly does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. except as expressly set forth in this section, the services and implementation services are provided “as is” and prezly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
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 shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
10. Choice of jurisdiction and applicable law
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, only Belgian law will be applicable. Consumer law does not apply.