Updated Nov 16, 2019
The following terms and conditions govern all use of the Tribed website and all content, services and products available at or through the website, including, but not limited to, the Tribed Service (“Service”) and professional services (taken together, Tribed Service).
Your Tribed Account and Site. If you create an account on the Service, you are responsible for maintaining the security of your account ,and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Tribed of any unauthorised uses of your account, your account or any other breaches of security. Tribed will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you delete content or your account, Tribed will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Tribed has the right (though not the obligation) to, in Tribed’ sole discretion (i) refuse or remove any content that, in Tribed’ reasonable opinion, violates any Tribed policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Tribed’ sole discretion. Tribed will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms. You agree to pay Tribed the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.
Fees are not refundable. There is no fee to cancel accounts and you may cancel at any time. Tribed may in its own discretion prorate previously billed charges based on the cancelation date.
Automatic Renewal. Unless you notify Tribed 30 days before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the Account section of your site’s administration console.
Services. Fees; Payment. Once the evaluation period ends, as defined by deciding to deploy The Service in a production (customer facing) environment, you agree to pay Tribed the setup fees (if applicable) and monthly service fees indicated at https://tribed.co/ or separately agreed upon pricing in exchange for the services listed at https://tribed.co. Applicable fees will be invoiced starting from the day your evaluation ends and in advance of using such services in an ongoing manner. Tribed reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Tribed Service can be canceled by you at anytime on 30 days written notice to Tribed.
Support. Tribed Service includes access to email support, online ticket support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Tribed to respond within one business day, though we aim to respond faster) concerning the use of the Tribed Service. Tribed also enables in-application support ticket creation. All Tribed Service support will be provided in accordance with Tribed standard Tribed Service practices, procedures and policies. Tribed makes best efforts to be on call 24×7×365 to solve critical production (customer facing) issues as defined by having a severe impact on a 75% or more pages or end users.
Responsibility of Service Visitors. Tribed has not reviewed, and cannot review, all of the Content, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Tribed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Intellectual Property. This Agreement does not transfer from Tribed to you any Tribed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tribed. Tribed, the Tribed logo, and all other trademarks, service marks, graphics and logos used in connection with Tribed, or the Service are trademarks or registered trademarks of Tribed or Tribed’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Tribed or third-party trademarks.
Changes. Tribed reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Tribed may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Tribed may terminate your access to all or any part of the Service at any time though will make best efforts to give 30 or more advance days notice. If you wish to terminate this Agreement or your Tribed account (if you have one), you may simply discontinue using the Service or cancel from the Administration Console. Notwithstanding the foregoing, if you have a Tribed Service account, such account can be terminated by Tribed if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Tribed’ notice to you thereof; provided that, Tribed can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Tribed Service is provided “as is”. Tribed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tribed nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilise the Service at your own discretion and risk.
Limitation of Liability. In no event will Tribed, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tribed under this agreement during the twelve (12) month period prior to the cause of action. Tribed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Tribed, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.Miscellaneous. This Agreement constitutes the entire agreement between Tribed and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Tribed, or by the posting by Tribed of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, NY. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tribed may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
What information do we collect?
We collect information from you when you register and use our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
How do we protect your information?
- To personalise your experience by remembering information so that you will not have to re-enter it during your use of our Services
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails
The email address you provide, may be used to send you information and updates pertaining to your account, in addition to receiving occasional company news, updates and service information.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We will always request your consent before sharing any of your information in a way not discussed in this Policy.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
Children's Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
The context of this document is to define how data is used by Tribed.
- Information we receive from you
We collect your personal information such as your name and email when you signup for our service. This is for our internal record keeping and we may use this information to improve our products and services. We will not share this or any other identifiable information with any third party unless required by law.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- Information we receive from end users of your web & mobile properties
When you place your Tribed Code Snippet across your site, Tribed receives information about end user site usage in order to determine which events to fire. Information captured includes:
Completion Page URL
Custom data that you program to send to Tribed to be stored. Note: Personally Identifiable Information (PII) is not allowed in Tribed.
This data is used for triggering & mailing features.
Tribed also has server call counters used to track clients’ Tribed usage for billing and engagement measurements. Thus Tribed sees aggregate client traffic levels where the Tribed code snippet is installed.
- How we use information we receive
Tribed uses this data for aggregating a client’s performance metrics for reporting and alerting functions.
Tribed may also use aggregate data across clients for
Informing future product features
Internal operations including troubleshooting, data analysis, testing, research
Client data is held in the strictest of confidence; it won’t be shared without anonymizing and aggregating unless there is explicit written permission from client.
- Google User Data
- We compose and send Gmail messages (emails), read metadata, headers, and settings to provide a campaign builder that allows users to compose and send emails. We will not transfer this Gmail data to others unless doing so is necessary to comply with applicable law, or as part of a merger, acquisition, or sale of assets.
- We will not use this Gmail data for serving advertisements.
- We will not allow humans to read this data unless we have your afﬁrmative agreement for speciﬁc messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for Tribed internal operations and even then only when the data have been aggregated and anonymized.
- Security and bugs
We invest heavily to keep your information secure and our service bug-free. If there is a suspected or known breach or error that compromises any client data security, we may trigger mandatory password resets and will invoke our client communication plan.
- Notice of Changes
If we make changes to this Data Use Policy we will post publicly here (tribed.co/privacy). If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances.