RapidAwareness® Terms of Service
Conscio Technologies, Ltd. (« Conscio Technologies ») provides a collection of tools and resources to create, launch, and manage online awareness campaigns (the “RapidAwareness Services”). The RapidAwareness Services are referred to as the « Services ». The following are the terms and conditions for use of the Services by the person or persons accessing this web site (the « Customer »), or any other web site that has authorization to sublicense or provide the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by Conscio Technologies.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE. BY USING THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE.
- Services and Support
- The Services are available only to persons who can form legally binding contracts under applicable law. If you are using the Services as an employee on behalf of an employer, you must have the authorization to bind your employer by your use of the Services. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify to use the Services, please do not use the Services.
- The Services provide the tools to set up on line awareness campaigns intended for the employees of the customer. The topics treated by the campaigns are choosen among a catalog of topics available in RapidAwareness.com.
- Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer’s Conscio Technologies account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. At its sole discretion, Conscio Technologies reserves the right to refuse registration of accounts, or cancel an existing account, that it deems to be inappropriate.
- By signing up for the Service, Customer consents to receive, at the Customer provided telephone number, live and/or pre-recorded messages from or on behalf of Conscio Technologies regardless if such phone number is or becomes part of any State or Federal « Do Not Call » list. Customer has the ability to opt out at any time. Customer acknowledges that the information they provide is accurate and their own.
- From time to time, Conscio Technologies may amend the Agreement, in its sole discretion, by posting updated versions of the Agreement at <href= »http: www.rapidawareness.com »= » » target= »_blank »>www.rapidawareness.com or by notifying Customer by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to <href= »http: www.rapidawareness.com »= » » target= »_blank »>www.rapidawareness.com or by the receipt of notification of a change to the Agreement by the Customer.</href= »http:></href= »http:>
- Restrictions and Responsibilities
- This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer 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 (« Software »); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party unless specifically authorized by Conscio Technologies; or remove any proprietary notices or labels.
- Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer may only use lists of its employees. They are the employees targeted by the awareness campaign. Emails are used to invite employees to the awareness campaigns. Customer is solely responsible for ensuring that its email campaigns included in awareness campaigns do not generate a number of spam complaints in excess of industry norms. Conscio Technologies, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Conscio Technologies may terminate Customer’s use of the Services if Conscio Technologies determines that the level of spam complaints is higher than industry norms.
- Subject to the posted terms and conditions, awareness campaigns can contains images and/or videos hosted by Conscio Technologies. These images or videos are the property of Conscio Technologies and can only be used in conjunction with the Services, and Customer is expressly prohibited from using the images for any other purpose.Customer is prohibited from using images within a campaign to:
- Sublicense, distribute, transfer or assign any images in connection with any other product except for a RapidAwareness Campaign;
- Reverse engineer, decompile, translate or dissemble any part of the Images;
- Remove any copyright notices, trademarks or watermarks from any place where it appears on the Images;
- Use the Images as part of another trademark, service mark or logo;
- Use the Images in any way that could be considered by a reasonable person to be defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to them, in the juxtaposition to accompanying text or images or otherwise;
- Use the Images in a manner that includes people as part of any sensitive subject matter, which shall be determined by Conscio Technologies in its sole discretion. Example of sensitive subject matters include, but are not limited to, mental and physical health issues, sexual activity or preferences, substance abuse, guns and weapons, crime, suicide, abortion, hate groups, political or religious fanaticism, etc.
- During each campaign, Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating « Powered by Conscio Technologies® » or a similar message, unless Customer has obtained specific authorization from Conscio Technologies to remove such identifying footer.
- In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information relating to Customer’s employee) to RapidAwareness. Conscio Technologies may use this information and any technical information about Customer’s use of this web site to tailor its presentations to Customer, facilitate Customer’s movement through this web site, or communicate separately with Customer. If Customer accessed the Services through a partner of Conscio Technologies, all Customer information obtained by such partner may be shared with . Conscio Technologies may also share any Customer information with such partners. Conscio Technologies will not provide information to companies Customer has not authorized, and Conscio Technologies will not permit the companies that get such information to sell and redistribute it without Customer’s prior consent.
- Customer hereby agrees to indemnify and hold harmless Conscio Technologies and its business partners, third party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney’s fees) in connection with any claim or action that arises in any way from (a) an alleged violation of the Agreement or (b) Customer’s use of the Services. Although Conscio Technologies has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Conscio Technologies may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the Agreement.
- Customer shall not use the Services in any manner (including, without limitation, the transmission of third party content or information) that may violate or infringe upon any rights of a third party. Customer shall be subject to the indemnification provisions in this Agreement if Customer’s use of the Services violates or infringes upon such rights.
- Customer shall be solely responsible for securely maintaining its user name, password and other account information. Conscio Technologies may follow the instructions of any person who represents he is authorized by the Customer to use or make any changes to the account, provided such person delivers the correct user name and password. Conscio Technologies shall have no liability to Customer for any unauthorized use of Customer’s account or the services provided hereunder.
- Customer may terminate this Agreement at any time by sending an email message to email@example.com or by sending written notice to, Conscio Technologies, Ltd. at Lincoln House, 4th Floor, 300 High Holborn, London WC1V 7JH, United Kingdom.
- Conscio Technologies may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Conscio Technologies shall have no liability to Customer or any third party because of such termination. Upon termination by either party, no payments from Customer held by Conscio Technologies shall be refunded at the time of termination and Customer shall have no recourse against Conscio Technologies in relation to non-refunded funds, unused campaigns credits.
- Upon termination for any or no reason, Conscio Technologies may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, indemnity, warranty disclaimers and limitations of liability. Additional fees may apply to Customers who choose to terminate their subscription pricing plan and subsequently choose to reactivate their account under a new subscription pricing plan.
- At any time after the date of commencement of the Services by Customer, if Customer has not implement a campaign under a pay as you go pricing plan (“PAYG Plan”) for more than thirty (30) consecutive days, the account may become inactive. A Customer who is on a subscription pricing plan will be deemed to be inactive when the end of their subscription period has lapsed and no further payments are remitted to Conscio Technologies to continue the Services. When an account is classified (at Conscio Technologies ‘s sole discretion) as inactive, Conscio Technologies will use reasonable efforts to notify Customer by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA MAY BE PERMANENTLY REMOVED FROM THE CONSCIO TECHNOLOGIES DATABASE.
- Customers on a PAYG Plan shall have twelve (12) months from the date of purchase of campaigns credits in which to use all such campaign credits purchased. After twelve (12) months, all unused campaign credits will automatically expire, and Customer shall not be entitled to a refund of unused credits nor shall Customer have the right to an extension of time in order to use such unused credits.
- Free Trial and Payment Terms
- Certain Customers shall be entitled to use the Services on a trial basis as specified on the web site when Customer initially agrees to the use of the Services. A Customer who uses the Services on a free trial basis shall be bound by the Agreement. Customer shall have a finite time period to use the Services on a trial basis. Customer shall not exceed set limits for free awareness campaign credits in the applicable month related to the awareness campaign Services. Once the trial period has expired, or the number of free campaign credits has been depleted related to the Awareness campaign Services, as applicable, Customer shall be subject to the payment terms outlined in this section and shall pay for the Services according to the campaign price list.
- After the trial period has expired for awareness credits, Customer may choose to purchase the Awareness Campaign Services on either a PAYG Plan or a subscription pricing plan (the “Awareness Campaign Subscription Plan”). The PAYG Plan enables Customer to purchase a specified number of awareness credits to use in connection with the Awareness Campaign Services. The pricing for the PAYG Plan is described at the Awareness Campaign price list.
- The Services must be paid in advance prior to Customer’s usage of such Services. Access to the Services shall be enabled once Customer remits payment. Access to the Services shall be disabled should Customer become delinquent in paying the monthly subscription fees if Customer is purchasing awareness campaign Services on a subscription pricing plan. If Customer is on a monthly subscription plan, Customer’s credit card will be charged on the first day of each subsequent month following the initial month of subscription. If Customer is on a prepaid subscription plan, the plan will automatically renew under the same term as the previous plan and Customer’s credit card will be charged on the first day following the expiration of the previous plan. If Conscio Technologies modifies its pricing structure, Conscio Technologies will use reasonable efforts to notify Customer prior to automatically renewing a prepaid plan.
- The price list for the Services is posted on our Web site at <href= »http: www.rapidawareness.com »= » » target= »_blank »>www.rapidawareness.com. Prices may change at any time at Conscio Technologies’s sole discretion. Customer is responsible for understanding what current prices are in effect at all times. Conscio Technologies will use reasonable efforts to notify Customer of any changes to the price list prior to such changes taking effect.</href= »http:>
- Payment for Services shall be paid with any valid credit card that is accepted by Conscio Technologies. Conscio Technologies also accepts ACH debits from Customer bank accounts. Checks will only be accepted for prepayments of Services upon approval by Conscio Technologies. All payments shall be made in U.S. dollars, Great Britain Pounds ou Euros. Customer authorizes Conscio Technologies to keep Customer credit card or Customer bank account information on file and charge such credit card or debit such bank account for the continuing usage of existing Services or the future usage of the Services. Customer’s account will be disabled if Conscio Technologies is unable to charge Customer’s credit card for Services rendered or future Services purchased. Conscio Technologies will attempt to notify Customer of our intent to suspend access to the Services prior to such suspension taking effect.
- Prohibited Content
- When using awareness campaigns service, Customers can prepare Emails that will be sent to invite their employees to the campaigns. Conscio Technologies prohibits Customers from sending email messages with content that is of the following nature:
- Messages that are in any way illegal such as sales of illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by Customer;
- Pornographic messages;
- Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that Conscio Technologies, at its sole discretion, may deem to be offensive;
- Includes images that are not expressly authorized by either Conscio Technologies or the owner of such images;
- Introduces any computer viruses, worms or software code that is detrimental to Customer’s recipients;
- Any messages that includes spam (See Conscio Technologies ‘s anti spam Policy); or
- Any messages that are in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.
- Warranty DisclaimerCUSTOMER USES THE SERVICES AT ITS OWN RISK. CONSCIO TECHNOLOGIES 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. THE SERVICES ARE PROVIDED « AS IS » AND CONSCIO TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Limitation of LiabilityNOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY CONSCIO TECHNOLOGIES, CONSCIO TECHNOLOGIES AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), DIRECTORS, OFFICERS, AFFILIATES, INSURERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF CONSCIO TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR FRAUD OR WILFUL MISCONDUCT, CONSCIO TECHNOLOGIES ‘S AGGREGATE LIABILITY TO CUSTOMER FOR ANY CLAIMS OF ANY TYPE OR NATURE HEREUNDER SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT PAID BY CUSTOMER TO CONSCIO TECHNOLOGIES DURING THE TWELVE MONTHS PRIOR TO SUCH CLAIM.
- Export of Services or Technical DataCustomer may not remove or export from the European Union or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the European Union or any other applicable country.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Conscio Technologies in any respect whatsoever.
- In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney’s fees, in addition to all other damages provided by applicable law.
- This Agreement shall be governed by the laws of the United Kingdom without regard to its conflict of laws provisions. All legal actions or claims in connection with this Agreement shall be brought in the state or federal courts located in London, United Kingdom.
- We reserve the right to modify our pricing and we will use reasonable efforts to notify you by email when this occurs. Our most current pricing will always be available on our website at <href= »http: www.rapidawareness.com »= » » target= »_blank »>www.rapidawareness.com.</href= »http:>
Conscio Technologies has no tolerance for the sending of spam and unsolicited mail, and we prohibit the use of third-party, purchased, rented, or harvested mailing lists. Any customer found using Conscio Technologies to send such mail is banned from the use of our service.
If you’ve received unsolicited mail from one of our users, please notify us immediately at firstname.lastname@example.org. Every complaint is investigated, and you will receive a response from our abuse team detailing the action we’re taking to deal with the issue.
Conscio Technologies takes several steps to keep abuse to a minimum. Among other things, we:
- Interview new clients about both the origins of their mailing lists and their marketing practices. Clients who do not meet our standards are not allowed to use the Conscio Technologies service.
- Check each uploaded mailing list for addresses that appear scraped (info@, sales@, etc.) or that otherwise indicate that the mailing list is potentially third party in nature. If we see anything suspicious, the account is disabled and the client is contacted.
- Immediately open an investigation if a client receives an abuse complaint to our abuse address or through one of the feedback loops we maintain with many Internet and Email Service Providers.
If you suspect a client of abusing our service (or have any questions regarding our policies), please do not hesitate to contact us at email@example.com. As noted above, all complaints are investigated, and you will receive a response detailing the action we’re taking to deal with the issue.