Acornity Terms of Use

Last modified: Sep 27, 2018

1. ACCEPTANCE OF TERMS OF USE

Acornity and Acornity-SCM are services, including but not limited to Acornity.com (the "Website") and software applications downloadable, installable and accessible therein (the "Applications") provided by Acornity Pte Ltd (the "Company",  "We", “Us”) a company incorporated in the Republic of Singapore.

By accessing and using the Applications, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE APPLICATIONS IN ANY MANNER. We reserve the right to limit or terminate your access to the Applications if you do not comply with these Terms of Use.

We reserve the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Applications after the posting of any changes to the Terms of Use means that you have accepted those changes.

2. ACCOUNT TERMS

1. You must be 18 years or older to use the Applications.

2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

3. You must provide a valid email address, and any other information requested in order to complete the registration process.

4. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. One person or legal entity may not maintain more than one free account.

6. You may not use the Applications for any illegal or unauthorized activities.

3. COPYRIGHT AND CONTENT OWNERSHIP

1. We claim no intellectual property rights over the material you provide to/through the Applications.

2. The Applications and all source code including but not limited to HTML, CSS, JavaScript and images are copyright © Acornity Pte Ltd.

4. PAYMENT, REFUNDS, FEES, UPGRADING AND DOWNGRADING

1. A valid payment method is required for paying accounts. Valid payment methods include, but are not limited to, credit cards and integrated third party payment methods. The payment method must be in good standing and chargeable at any time.

2. Paying accounts will be billed/charged upon completion of trial process and subsequently at intervals afterward determined by your subscription plan managed in the Application.

3. You are responsible for the use of the Applications using the free plan prior to upgrading to a paying plan. If you upgrade to a paying account, you waive your right to the free use 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.

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 usage limit is eligible for the target downgrade plan.

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 until a confirmation from us is received. After official release, you can cancel your account at any time from within your account site.

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. We reserve the right to preserve any or all of the data in a non-restorable form for compliance with the law enforced in the Republic of Singapore.

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. The Company, 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 Acornity 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. Acornity reserves the right to refuse service to anyone for any reason at any time.

6. MODIFICATIONS TO PRICES AND PLANS

1. We reserve 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 us. 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 us.

4. Prices, including but not limited to monthly subscription plan fees to the Applications, are subject to change upon 30 days notice from us. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.

5. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Applications.

7. GENERAL CONDITIONS

1. You consent to the terms of our Privacy Policy.

2. Your use of the Applications is at your sole risk. The Applications are provided on an "as is" and "as available" basis.

3. You must not modify, adapt or hack the Applications or modify another website so as to falsely imply that it is associated with the Applications, Acornity, or any other Acornity Pte Ltd service.

4. You expressly understand and agree that we shall not be liable 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 (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Applications; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Applications; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Applications.

5. You must not falsely assume the identity of an employee representing Acornity or Acornity Pte Ltd.

6. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and the Company and govern your use of the Applications, superceding any prior agreements between you and the Company. (including, but not limited to, any prior versions of the Terms of Use).

7. We do not set an arbitrary limit or cap on the amount of resources an account holder can use, except where noted in a plan description. In good faith and subject to these Terms, we make every commercially reasonable effort to provide its account holders with all the storage and bandwidth resources needed to power their digital marketing needs, as long as the account holder's use of the service complies with these Terms. Acornity is designed for digital marketing service for 3rd party products and their associated commission tabulation purposes. Acornity shall not be used for promotion on products or services that are deemed illegal by the law of the Republic of Singapore, any such prohibited use of the services will result in the termination of your account, with or without notice. 

8. Commission payout from merchant to blogger/ influencer are engagement on mutually agreed basis between the merchant and the blogger/ influencer. The payout processing is remitted in USD denomination via external payment processing service such as but not limited to Stripe, Braintree etc. All fees arising from payment processing are deducted from the receipient party. The commission payout is activated in daily batch upon Acornity receiving of the payout approval from the merchant. The duration of funds reminttance is governed solely by the respective external payment processing service. Acornity do not facilitate any dispute settlement arising from the usage of the Service and is wavier of duty to investigate or compensate any dispute arising between the merchant, blogger/influencer and the external payment processor.