Terms & Conditions.
General Terms and Conditions for Opt Out Cloud
These General Terms and Conditions (the “Terms”) govern the use of the Opt Out Cloud technology product (the “Product”) provided by [Port & Starboard] (“Provider”) to the user (“User”). By accessing or using the Product, User agrees to be bound by these Terms. If User does not agree to these Terms, they should refrain from using the Product.
License Grant
1.1. Subject to compliance with these Terms, Provider grants User a non-exclusive, non-transferable license to access and use the Product for the duration of the subscription term.
1.2. User shall not sublicense, sell, lease, transfer, or otherwise exploit the Product or any part thereof without the prior written consent of Provider.
Subscription and Billing
2.1. User may choose to subscribe to the Product on an annual or monthly basis, with billing cycles commencing on the date of subscription.
2.2. Payment for the Product shall be made in advance, and User agrees to pay the applicable fees as specified by Provider. All fees are non-refundable.
2.3. In the case of annual and monthly billing, User commits to a minimum one-year contract and is responsible for payment of fees for the entire contract period. Payments can be made via a one-time, monthly, or yearly payment cycle.
Opt Out Landing Page and Support
3.1. All Product packages include a fully branded opt-out landing page, which User may customize within the limits of the Product’s capabilities.
3.2.Priority support is provided to User, encompassing assistance related to the Product’s integration with Salesforce, customization of landing pages, and general inquiries about the Product. This support covers any defects or loss of connectivity between the solution and Salesforce.
3.3. Assistance will be accessible through a trouble ticketing system between the hours of 9:00 am and 5:00 pm EST on standard business days, with the exception of recognized holidays. The Provider commits to acknowledge all submitted tickets within a time frame of four hours from the moment of receipt.Moreover, the Provider endeavors to resolve all issues outlined in the tickets within a period not exceeding two business days. This time frame is conditional on all necessary information being provided at the time of ticket submission.
Intellectual Property
4.1. User acknowledges and agrees that Provider owns all rights, title, and interest in and to the Product, including any intellectual property rights.
4.2. User shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Product.
User Obligations
5.1. User agrees to use the Product only for lawful purposes and in compliance with these Terms, applicable laws, and regulations.
5.2. User shall be solely responsible for the content they process or transmit through the Product, ensuring it does not infringe any third-party rights or violate any laws.
5.3. User agrees not to disrupt or interfere with the security or functionality of the Product, or attempt to gain unauthorized access to any systems or networks related to the Product.
Limitation of Liability
6.1. Provider shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with the use or inability to use the Product.
6.2. User acknowledges that the Product’s performance may be subject to factors beyond Provider’s control, such as internet connectivity or third-party services, and Provider shall not be responsible for any resulting disruptions or delays.
Termination
7.1. Either party may terminate these Terms and User’s access to the Product upon written notice if the other party commits a material breach of these Terms and fails to cure such breach within a reasonable period.
7.2. Upon termination, User’s access to the Product shall cease, and User shall remove any copies of the Product and related materials from their systems.
Amendments
8.1. Provider reserves the right to modify or update these Terms at any time, and any such changes will be effective upon posting the revised Terms on the Provider’s website.
8.2. User’s continued use of the Product after the posting of any revised Terms constitutes their acceptance of the modified Terms.