products and services are provided by FTPO, LLC dba FTPO (“FTPO”). These Terms of Use (“Terms”) govern your use of https://ftpo.ftpopro.com (“Website”), the FTPO Dashboard (“Dashboard”), and FTPO other products and services (collectively, “Services”). Please read these Terms carefully, and contact FTPO if you have any questions. By using the Services, you agree to be bound by these Terms, including the policies referenced in these Terms. FTPO reserves the right, at any time and from time to time, to amend or to modify these Terms without prior notice to you, provided that if any such alterations constitute a material change to these Terms, as determined by FTPO, FTPO will notify you by posting an announcement on the Website or the Dashboard. Amendments and modifications shall take effect immediately when posted. By continuing to access or use the Services after any such posting, you agree to be bound by such amended or modified Terms. If you do not agree to any change to these Terms, then you must immediately stop using the Services.
USING THE SERVICES
1. Who May Use the Services
You may use the Services only if you can form a binding contract with FTPO. By registering for the Services, you agree to use the Services in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of thirteen (13) is prohibited, and certain Services may have additional requirements and/or restrictions.
2. License to You; Ownership
Subject to these Terms and FTPO policies (including the Privacy Policy and other terms), FTPO grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services for up to the number of users set forth in the pricing table upon receipt of the applicable license fee, if any. FTPO and/or its licensors own and shall retain all rights, titles, and interests, including all intellectual property rights, in and to the Services, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, titles, or interests in or to the Services, or any element thereof.
3. Registration, Passwords, and Account Information
You may only use the Services if you are registered and have an account with FTPO. To open an account, you must complete the registration process by providing FTPO with current, complete, and accurate information as prompted by the registration form and maintain such information to ensure it remains current, complete, and accurate. Should FTPO suspect that such information is untrue, inaccurate, not current, or incomplete, FTPO has the right to suspend or terminate your usage of the Services. FTPO is entitled to rely on the information you provide, and you will be responsible for updating this information to maintain current information. Accounts are non-transferable and cannot be shared or used by anyone other than you and the named sub-users. Once you have become an authenticated user, you will be given a password or the option to create your own password. You are and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with the Services that make use of that password, and for charges or fees incurred by the use of that password, if any, including any use you may subsequently contend was not unauthorized by you. You are solely responsible for any and all activities that occur under your account, including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify FTPO immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you.
4. Cancellations
You may delete your account, cancel your access to the Services, or terminate your account and these Terms at any time. If you cancel the Services that you paid for, your access to and use of the Services will be terminated, and you will not be entitled to a refund, provided that FTPO may issue you with a refund of any fees paid on a case-by-case basis, and solely in FTPO’s sole discretion, including if the Services are unavailable. It is your responsibility to retrieve all relevant data and content from your account prior to termination. On termination of your account, the Services, or these Terms, FTPO may retain your account information, data, content, or other documents (including copies) as required by law or regulation, or as may be automatically retained by backup or disaster recovery systems. You acknowledge and agree to authorize FTPO to retain and/or destroy such information, data, content, and documents upon termination of these Terms or your account.
5. Suspension
Generally, FTPO may suspend your right to access or use any portion or all of the Services immediately upon notice to you if FTPO determines:
(a) your use of the Services: (i) poses a security risk to the Services or any third party, (ii) could adversely impact FTPO systems, the Services or the systems or content of any other FTPO customer, (iii) could subject FTPO or any third party to liability, or (iv) could be fraudulent;
(b) you are in breach of these Terms;
(c) you are in breach of your payment obligations; or
(d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.
If FTPO suspends your right to access or use any portion or all of the Services, you remain responsible for all fees and charges you incur during the period of suspension.
a.Service Modifications FTPO takes pride in its products and Services, but unexpected events do occur. FTPO reserves the right to cancel, interrupt, or modify its Services from time to time, including any features or functionality contained within the Services at any time. In addition, FTPO is constantly attempting to improve the Services, which may result in changes to the Services, including the addition or removal of features or functionality. For example, FTPO may add features or functions, and as a result, FTPO may suspend or stop providing other features or functions. FTPO and third parties it engages to provide the Services, and each party’s employees, contractors, and other agents (the “FTPO Parties”) shall have no liability to you for any such action.
b.Compliance with Law In using the Services, you agree to comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including, without limitation, those laws forbidding: (a) defamation and harassment, (b) forgery, identity theft, misdirection, and or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from individuals, including children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. You will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards. The term “law” in these Terms means any statute, law, ordinance, regulation, rule, judgment or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any laws that require you to obtain consent from a third party or provide notice to a third party in connection with such third party, any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991.
YOUR CONTENT
Generally
Some Services enable you to upload content for use with the Services (“User Content”). For example, you may personalize a campaign. You retain all intellectual property rights in, and are responsible for, the User Content you upload into the Services.
How FTPO May Use User Content If you provide User Content, you grant FTPO a royalty-free, perpetual, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, perform, display, and otherwise use the User Content for purposes of providing the Services. This license includes granting FTPO the right to share your information with FTPO’s hosting provider and other third-party FTPO users to provide the Services to you. FTPO reserves the right to remove User Content for any reason, including User Content that FTPO believes violates these Terms.
Feedback From time to time, you may provide suggestions, ideas, comments, and other feedback related to the Services (“Feedback”). By submitting Feedback to FTPO, you grant FTPO the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, FTPO does not waive any rights to use similar or related Feedback previously known to FTPO, developed by its employees or contractors, or obtained from other sources.
Infringing User Content You agree not to use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent, or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. If a third party believes that you are violating its intellectual property rights, it must notify FTPO by email. A notification should include information reasonably sufficient to permit FTPO to locate the allegedly infringing material, such as the IP address, email, or URL of the specific online location where the alleged infringement is occurring or occurred. FTPO reserves the right to prevent any further activity associated with an account if infringement is alleged by a third party.
GENERAL TERMS
Security
FTPO cares about the security of all users and has implemented reasonable and appropriate measures designed to help secure your information and User Content against accidental or unlawful loss, access, or disclosure. While FTPO works to protect the security of your information and User Content, FTPO cannot guarantee that unauthorized third parties will not be able to defeat FTPO’s security measures.
Third-Party
Content Through the Services, you will have the ability to access and/or use content provided by third parties and links to websites and services maintained by third parties. FTPO cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. FTPO disclaims any responsibility or liability related to your access or use of such third-party content.
GDPR
You hereby represent and warrant that no personal data subject to the General Data Protection Regulation (EU) 2016/679 (“GDPR”) is, or will be, processed by FTPO as a processor on your behalf as part of the product, services, or these Terms. You shall communicate to FTPO in advance and in writing of any anticipated change affecting this representation and warranty and before requesting FTPO to process any personal data or providing any personal data to FTPO. If you communicate any anticipated change affecting this representation and warranty to FTPO, you and FTPO will work in good faith to eliminate the need for FTPO to process personal data. If the parties mutually agree that FTPO will process personal data that is subject to GDPR, FTPO agrees to: (a) only process personal data based on your instructions; and (b) implement technical and organizational measures to protect such personal data. You agree to assist FTPO in any request or procedure by a national data protection supervisory authority, or in any lawsuit, relating to the processing of any personal data covered by this representation and warranty. Furthermore, you shall indemnify and hold FTPO harmless for any cost, charge, damages, expenses, or loss (including reasonable attorneys’ fees) arising from FTPO receiving or processing personal data that is subject to GDPR. Any undefined terms used in this Section shall have the meaning set forth in GDPR.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FTPO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FTPO DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES; NOR DOES FTPO WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER SERVICES. THE FTPO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES, OR SUCH CONTENT CONTAINED THEREIN, IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ANY FTPO PARTIES, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY FTPO.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FTPO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE FTPO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL FTPO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FTPO FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
Arbitration
For any dispute you have with FTPO, you agree to first contact us at [Contact Email Address] and attempt to resolve the dispute with us informally. If FTPO has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and FTPO agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules, except that FTPO will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FTPO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Venue
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of [State], without regard to conflict of law rules or principles (whether of the State of [State] or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of [State] and the United States, respectively, sitting in the county where you reside.
Severability If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Waiver Any failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FTPO in writing.
Assignment You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of FTPO (not to be unreasonably withheld). FTPO may assign these Terms in their entirety, including all right, title, and interest in and to the Services, without your prior written consent.
Entire Agreement These Terms, the Privacy Policy, and other policies posted on the Services constitute the entire agreement between you and FTPO with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Contact Information If you have any questions about these Terms or the Services, please contact FTPO at [Contact Address].
Please note that this text is based on your original request and might not cover all legal considerations or address specific legal requirements in your jurisdiction. It’s always a good idea to consult with a legal professional when drafting legal documents for your business.
