Last updated: October 5th, 2020
1. Acceptance of TOU.
1.3. We reserve the right to update, change or replace any part of these TOU by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1.4. The “Last Updated” legend above indicates when this TOU was last changed. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
1.5. PRICE PLAN EXECUTED THROUGH SELF-SERVICE ON THE WEBSITE WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL THEM PURSUANT TO THIS TOU. CANCELLING WILL END THE AUTOMATIC RENEWALS OF YOUR PRICE PLAN, BUT WE WILL KEEP ANY FEES WE HAVE ALREADY COLLECTED FROM YOU (UNLESS WE ARE REQUIRED BY LAW TO REFUND THEM). WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
1.6. The headings used in this TOU are included for convenience only and will not limit or otherwise affect these Terms.
2.1. We provide services designed to help our customers and partners in a wide variety of ways, including by helping them determine which Companies might make the best customers, identify the contacts within those organizations by department, role or seniority that might improve or expedite their interactions with those Companies, and enabling them to personalize their interactions with those Companies via WatcherMe lead generation tool for B2B companies (the “Service”). The Service may include without limitation: (a) the Website; (b) application program interfaces and related materials (the “API” or “APIs”); (c) WatcherMe’s browser-based scripts, add-ons, extensions or plug-ins (collectively, “WatcherMe Script”); and (d) all software (the “Software”) (including all software, own or third-party integrations, and user interfaces made available by WatcherMe), data (including personally identifiable information – “Personal Data”), data, customer contacts, information, text, content and other materials that you upload, provide or otherwise transmit to or in connection with the Service, including without limitation any messages, contacts and other information stored your email accounts hosted by third party cloud services; as well as reports, text, images, sounds, video, and content made available, aggregated or generated by and through any of the foregoing (collectively referred to as the “Collected Data”). Any new features added to or augmenting the Service are also subject to this TOU. Any Price Plan executed through self-service on the Website and/or separately executed Order Forms (“Order Form”) fall under this TOU. Please note that the use of applicable portion of Collected Data by our customers is governed by their respective privacy policies. The Service can be restricted for users from an unlimited list of the countries at the sole discretion of WatcherMe. We have the right to anonymize any portion of Collected Data including data disclosed, used or developed by you in connection with your use of the Service and use such data to compile statistics and to monitor and improve our Service.
3. Your Profile Information and Account
3.1. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide, form your “Profile Information” and allow you to access your account (“Account”). You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
3.2. Your right to access and use the Service is provided personally to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are obliged to immediately notify WatcherMe.
3.3. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate.
4.1. We will charge fees for use of certain features of the Service on subscription basis (“Price Plan”). WatcherMe reserves the right to implement fees or change the fees for the Service at any time by providing you notice on the Service or otherwise.
4.2. Fees shall be paid in accordance to the list prices offered on our Website in force from time to time. Prices for the Price Plan may vary depending on the billing period, volume of the leads and other factors determined by us and set forth on our Website. All prices on our Website are exclusive of any value-added taxes. Price Plan may be purchased with a credit card or by periodical billing.
4.3. When you purchase any Price Plan by credit card, you authorize WatcherMe or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.4. When you purchase any Price Plan by periodical billing you shall provide us with the appropriate invoicing details and WatcherMe will invoice you in beforehand using the information provided by you. Payment term for invoices is 14 calendar days net from date of invoice.
4.5. If WatcherMe does not receive payment from you or your credit card provider, you agree to pay all amounts due upon demand and WatcherMe may suspend your access to the Service until full payment is received or terminate the Service. All sales are final and WatcherMe will not issue refunds, including for prepaid periodical fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. WatcherMe does not refund automatic payments not cancelled in time.
5. Intellectual Property Rights
5.1. All ownership rights and intellectual property rights in connection with or relating to the WatcherMe trademarks and the Website, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, are and will remain the property of WatcherMe or its software or content suppliers. The Website is protected under European Union, United States and international copyright, trademark and other laws and treaties.
5.2. Subject to the terms and conditions of this TOU, WatcherMe grants to you, during the term of this TOU, a non-transferable, non-sub licensable, non-exclusive, revocable, limited-purpose right to access and use the Service that are subject to a valid Price Plan.
5.3. You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to WatcherMe related to the Service, the Website or WatcherMe or its business (“Feedback”) shall become WatcherMe’s property without any compensation or other consideration payable to you by WatcherMe, and you do so of your own free will and volition. WatcherMe, in its sole discretion, may use or incorporate the Feedback into the Website in whatever form or derivative we will decide, either it can be software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to WatcherMe in any Feedback and, as applicable, waive any moral rights.
6. Confidential Information
6.1. You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from WatcherMe during the term of this TOU or following the expiration or termination of this TOU. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
7. Acceptable Use and Conduct
7.1. By agreeing to this TOU you hereby consent that you will not not (and shall not allow any third party to) (a) license, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party, including making available any Collected Data to third parties; (b) use the Service in any fraudulent, tortious, or unlawful manner (including without limitation in violation of any CAN-SPAM, Telephone Consumer Protection Act, data, privacy, export control, federal, state, provincial and national laws or regulations) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) use the Service with any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: (i) libelous, defamatory, obscene, pornographic, abusive or otherwise illegal or offensive content; (ii) spyware, adware, or other malicious code; (iii) counterfeit goods; (iv) items subject to US embargo; (v) unsolicited mass distribution of email or multi-level marketing proposals; (vi) hate materials; (vii) hacking/surveillance/interception/descrambling equipment; or (viii) stolen products or items used for theft; (d) modify, adapt or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks, (e) frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service, except to the extent such restriction is expressly prohibited by applicable law; (f) interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service or content made available through the Service or violate any requirement, procedure or policy of such servers or networks; (g) post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”); (h) restrict or inhibit any other person from using the Service; (j) use the Service for any purpose other than your internal business purposes and in no event for any purpose competitive with WatcherMe as determined by WatcherMe; (k) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” the Service or WatcherMe databases or otherwise gather data owned or stored by WatcherMe, or reproduce or circumvent the navigational structure or presentation of the Service (l) transfer or use any portion of Collected Data(in aggregate form or otherwise) except as expressly authorized under this TOU or by WatcherMe; (m) access the Service by any means other than through the interface that is provided by WatcherMe for use in accessing the Service; (n) use the Service in violation of this TOU, the applicable Order Form, or any Documentation; or (o) otherwise copy, disclose, rent, lease, sell, transfer, distribute, assign, license, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Service. You shall comply with any codes of conduct, policies or other notices WatcherMe provides you or publishes in connection with the Service, and you shall promptly notify WatcherMe if you learn of a security breach related to the Service.
7.2. You shall use any Personal Data downloaded, accessed or otherwise received though the Service solely in connection with your use of the Service in accordance with this TOU. You represent, warrant, and covenant that you shall process any and all Personal Data for this limited and specified purpose, consistent with any consent provided by the individual to whom Personal Data relates, and that you shall process all Personal Data in compliance with the applicable data protection laws, including but not limited to GDPR and CCPA (the “Data Protection Laws”). Such compliance shall include, but not be limited to: (i) compliance with the Data Protection Laws principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability (“Data Protection Laws Principles”); (ii) providing the same level of protection for Personal Data required by the Data Protection Laws Principles; (iii) timely notification to WatcherMe, but in any event no less than ten (10) business days’ notice, if you determine that you can no longer meet your data protection obligations pursuant to this section, in which case you will cease processing Personal Data (or you will take other reasonable and appropriate remedial steps). Upon receiving such notice, or upon any breach of this section, WatcherMe may immediately terminate your account and this TOU upon written notice to you. You shall comply with this TOU, and you shall promptly notify WatcherMe without undue delay if you learn of a security breach related to the Service.
7.3. You hereby authorize and grant to WatcherMe a non-exclusive license to use, have used, store, process, transfer, reproduce, distribute, perform, display, and create derivative works of Collected Data for the purpose of providing the Service. You represent and covenant that, prior to receiving applicable portion of Collected Data, you have obtained all rights or licenses necessary to authorize WatcherMe’s processing of of Collected Data. As part the operation of the Service, WatcherMe’s processing of Collected Data may involve (a) unencrypted transmissions over the Internet; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to WatcherMe’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of applicable portion of Collected Data. WatcherMe does not guarantee that the Service is or will remain secure or that access to the Service will be uninterrupted and WatcherMe will have no liability to you for any unauthorized access or use of any of Collected Data, or any corruption, deletion, destruction or loss of any of Collected Data. You represent and warrant to WatcherMe that you have obtained all permissions, releases, rights or licenses required to engage in the Service and allow WatcherMe to perform its obligations in connection with the Service without obtaining any further releases or consents.
8. Disclaimer of Warranties
8.1. YOUR USE OF THE WEBSITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE WEBSITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WATCHERME EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
8.2. WATCHERME DISCLAIMS ANY WARRANTY THAT THE WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WATCHERME MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE WEBSITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE WEBSITE OR OTHER ACTIONS THAT WATCHERME, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. WATCHERME MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE WEBSITE; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE WEBSITE.
8.3. WATCHERME IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICE UTILIZED BY WATCHERME, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY WATCHERME.
8.4. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE WEBSITE. WATCHERME DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE WEBSITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
8.5. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WATCHERME OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
9. Third Party sites and Content
9.1. The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. These other websites are not under WatcherMe’s control, and you acknowledge that WatcherMe is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WatcherMe or any association with its operators. You further acknowledge and agree that WatcherMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
9.2. Certain Service functionality may make available access to third party services or other third party resources made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this TOU shall be deemed to be a representation or warranty by WatcherMe with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
9.3. The Service may be provided together with, or otherwise contain, certain open source software components (“Open Source Components”) under their respective open source license agreements (“Open Source Licenses”). You acknowledge and agree to the terms and conditions in each such Open Source License and to comply with all such terms and conditions. With respect to each Open Source Component, to the extent there are any conflicts between any terms of this TOU and any terms of the respective Open Source License, which the Open Source License does not permit, such conflicting terms of this TOU will not apply. Any fees charged by WatcherMe in connection with the Service do not apply to any Open Source Components for which fees may not be charged under the applicable Open Source License. Where the terms of any specific Open Source License entitle you to the source code of the respective Open Source Component (if any), that source code may be made available from WatcherMe upon request (a nominal fee may be charged by WatcherMe for processing such request).
10. Limitation of Liability
10.1. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL WATCHERME OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF WATCHERME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS TOU OR YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TOU OR ANY PRICE PLAN. WATCHERME’S LIABILITY UNDER THIS TOU IS LIMITED TO THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO WATCHERME IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WATCHERME’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.2. THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WATCHERME AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES. YOU ALSO AGREE THAT WATCHERME WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
10.3. WatcherMe reserves the right to modify, suspend or discontinue the Website and/or Service, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this TOU. WatcherMe shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
11.1. You agree to indemnify, defend, and hold harmless WatcherMe, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this TOU or the Website, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Website or the Service; (b) your breach or alleged breach of this TOU; and (c) your violation of any rights, including intellectual property rights, of a third party. WatcherMe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WatcherMe and you agree to cooperate with WatcherMe’s defense of these claims. You agree not to settle any matter without the prior written consent of WatcherMe. WatcherMe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Cancellation and Termination
12.1. The TOU becomes effective upon the date that you are first provided with use or access to the Service and remains in effect until terminated in accordance with this TOU. You may cancel your Price Plan at any time. To do this, please contact us and as a result, the automatic billing of your Price Plan will be canceled. After cancellation, you will receive a notification that your Price Plan has been canceled. If there are any questions as for the process of automatic Price Plan renewal, please contact our Customer Support. After cancellation of your paid Price Plan, you will have an access to your Account only after purchasing new Price Plan.
12.2. You will remain liable for all charges accrued on your Account up to the time when you downgrade, including the full monthly fees for the month in which you have downgraded your Account. WatcherMe is under no obligation to store your Profile Information and may delete your Account and your Profile Information immediately upon cancellation or after your Account has been downgraded to the Trial period.
12.3. WatcherMe reserves the right at any time, and without cost, charge or liability, to terminate this TOU at its sole discretion for any reason, including, but not limited to, your failure to comply with the terms of this TOU. WatcherMe also reserves the right to deny access to any user of the Website, Service or Account. WatcherMe reserves the right to terminate any portion of the Website at any time, for any reason, with or without notice.
13.1. If there is any dispute between you and WatcherMe about or involving this TOU, the Website or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of Bulgaria, without regard to its conflict of law provisions. You hereby agree to submit to the non-exclusive jurisdiction of the courts of Bulgaria with respect to any claim, proceeding or action relating to or otherwise arising out of this TOU, the Website or the Service, howsoever arising, provided always that WatcherMe may seek and obtain injunctive relief in any jurisdiction.
13.2. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND WATCHERME ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
13.3. If any portion of this TOU is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this TOU as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this TOU that is unlawful, void or unenforceable shall be stricken from this TOU.
13.4. You agree that this TOU is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
13.5. You agree that if WatcherMe does not exercise or enforce any legal right or remedy which is contained in the TOU (or which WatcherMe has the benefit of under any applicable law), this will not be taken to be a formal waiver of WatcherMe’s rights and that those rights or remedies will still be available to WatcherMe.
13.6. The sections of “Fees”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party sites and Content”, “Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this TOU and continue in full force and effect.
13.7. WatcherMe reserves the right to use your name and/or WatcherMe name and logo/assets as a reference for marketing or promotional purposes on Website and in other communication with existing or potential WatcherMe customers.
13.8. WatcherMe may assign or transfer this TOU, in whole or in part, without consent or other restriction. You may not assign this TOU without the prior written consent of WatcherMe. Any attempted assignment other than as permitted in this Section will be null and void.
13.9. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind WatcherMe in any respect whatsoever.
The text of this TOU in English shall prevail over any translations.
14. Contacting WatcherMe
You may contact us here.
REFUND AND CANCELLATION POLICY
All cancellations must be requested by email at firstname.lastname@example.org at no later than 3 days before the next billing cycle of the Price Plan subscription month.
Please Note: At the time of cancellation your account will immediately be deactivated.
Due to the digital nature of the Service, generally we are unable to provide refunds on all purchases. As an exception, if you have not canceled your Price Plan subscription during the timeframe specified above (i.e. 14 days before the next billing cycle) and not used our Service in the last Price Plan subscription month, you may request the refund of the last Price Plan subscription month by providing us with applicable notice of refund at email@example.com at no later than 14 days after the date you’ve been charged for the last Price Plan subscription month. Please keep in mind that in such a case WatcherMe shall provide you a credit refund in connection with the relevant transaction for the last Price Plan subscription month by a Credit Transaction Receipt, not by cash or check.
For the avoidance of any doubt, in most cases you have paid for services and seen the results of using them and received profit from the efforts or deployment and usage of licensed, online tools or services. If you do not see the results that was promised by our Services, WatcherMe will do everything in its power to ensure that the lack is made up to you in some way. However, as Google and other online entities are constantly changing their services, which influences everything online, there can be no iron-clad promises made or returns expected. That would be beyond the scope and ability of WatcherMe to control.
However, we DO suggest that if you ARE having issues, you let us try to help you – submit an email to us at firstname.lastname@example.org before you decide to cancel. Often it’s a simple fix to get things up and running for you again, or to determine why something broke for you (which happens all the time online) – we’re here to help.
If you feel that you were inappropriately charged for the Service, or would like to talk to someone about a refund for a different reason, please submit an email to us at email@example.com.
Although it actually never happened, accounts cancelled/terminated by WatcherME, for violating our TOU, do not qualify for a refund. For example, if your account is cancelled due to interference with or disruption the operation of the Service, you will not be given any refund. We believe strongly in upholding good and morale etiquette in ALL of our online proceedings and encourage our clients to do the same.
You may contact us at firstname.lastname@example.org (preferably) or by sending us a written letter to the following address:
Capitol municipality, district Krasna Polyana, Vazkresenie No 234, shop in ent. A, Sofia, 1373, Bulgaria