Thanks for using SmartOcto – the online notification dashboard from SmartOcto BV. Please read these Terms of Use carefully. By using SmartOcto or signing up for an account, you are agreeing to these terms. This is a legal agreement.

Definitions

Before you dive into the ‘tough’ sections let’s start with the basics, including a few definitions that should help you understand these terms. SmartOcto (“SmartOcto” or the “Service”) is an online notification dashboard – or companion application – offered through the URL https://www.smartocto.com (“the Website”) that allows you to real time monitor your online stories on a variety of (social) channels (i.e. newsletter, homepage, mobile app, Facebook, Twitter or YouTube) and get act suggestions to improve the story impact.

SmartOcto and the Website are owned (or licensed to) and operated by SmartOcto BV (“we”, “us”). We are registered in The Netherlands under company number 64307700 and have our registered office at Vrouwe Udasingel 207, 6663 GT Lent, The Netherlands.

As a user of SmartOcto or a representative of an entity that’s a customer of SmartOcto BV using SmartOcto, you’re a “Member” (or “yxou”) according to these Terms of Use.

Terms of Use

These Terms of Use (“Terms”), including our Privacy Policy define the terms and conditions under which you are allowed to use SmartOcto and the Website and how we will treat your account while you are a Member. If you have any questions about our terms, feel free to contact us.

Acceptance of Terms of Use: By accessing and using the Service and/or the Website you agree to be bound by these Terms of Use and all terms and conditions contained or referred to herein or any additional terms and conditions set forth on this Service and/or Website, either online or offline. The use of our Service and Website by minors (persons under the age of 18) is prohibited. By agreeing to these terms you guarantee that you are at least 18 years old. If you do NOT agree to all of these terms, you should NOT use the Service and/or the Website and disconnect from it.

If you choose, or you are provided with, a user identification code, password or any other piece of information as confidential, you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

These Terms of Use may be amended by SmartOcto BV at any time. Such amended Terms of Use shall be effective upon posting on this Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of Service.

Content

Specific terms and conditions may apply to specific content, products, materials, tags, data, algorithms, notifications, tips, visualizations, services or information contained on or available through this Service (the “Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

SmartOcto BV reserves the right to make changes or updates with respect to or in the Content of the Service or the format thereof at any time without notice. SmartOcto BV reserves the right to terminate or restrict access to the Service for any reason whatsoever at its sole discretion.

This Service or the Website may provide links to other websites that are not under the control of SmartOcto BV. SmartOcto BV shall not be responsible in any way for the content of such other websites. SmartOcto BV provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by SmartOcto BV of the content of such websites.

Our liability

Although care has been taken to ensure the accuracy of the information on this Website and the Service, SmartOcto BV hereby, to the fullest extent permitted by law, expressly excludes all liability in this respect. All Content is provided ‘as is’ and ‘as available’. SmartOcto BV hereby expressly disclaims any representations or warranties of any kind, express or implied, including warranties of availibity, merchantability, fitness for any particular purpose, non-infringement, or as to the operation of the Website, this Service or the Content. SmartOcto BV does not warrant or make any representations as to the security of the Website or this Service unless it has stated a particular function is encrypted. You acknowledge any information sent may be intercepted. SmartOcto BV does not warrant that the Service or the servers which make this Website available or electronic communications sent by SmartOcto BV are free from viruses or any other harmful elements.

In no event shall SmartOcto BV or any of its affiliates be liable for any indirect, consequential, punitive, special or incidental damages resulting from, arising out of or in connection with the use of, or inability to use this Service, the Website or the Content, even if SmartOcto BV has been advised of the possibility of such damages. The follow up or neglect of any act suggestion, comment, tip, update or algorithm interpretation or any other online Content or other improvement proposed by the Service takes place on your own account. Therefore SmartOcto BV or any of its affiliates cannot be held liable for damage, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or other staff time, sales or audience loss or any other business damage resulted from these actions or neglect of actions. Any action by a user pertaining to this Service, the Website or the Content must be commenced within one (1) year after the date the cause for action arose, failing which every claim towards SmartOcto BV lapses.

Nothing in these Terms of Use does affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Intellectual property rights

Copyright and all other proprietary rights in SmartOcto, the Website, any software made available through the Service at this Website (“Software”) and the Content (including but not limited to software, audio, video, text, logo and photographs) rests with SmartOcto BV or its licensors. All rights in SmartOcto, the Website, the Software and/or the Content not expressly granted herein are reserved.

Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of SmartOcto BV is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Any material or information sent through or in connection with SmartOcto and/or the Website by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of SmartOcto BV, subject to any privacy policies posted on this Website. SmartOcto BV may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and in submitting User Materials you waive any moral rights, intellectual property rights or other proprietary rights in or to such User Materials.

The Software is licensed to you subject to the terms of these Terms of Use. Except as set forth herein, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. Warranties, if any, with respect to such Software shall only apply as expressly set forth in these Terms of Use. SmartOcto BV hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of availability, merchantability, fitness for any particular purpose or non-infringement with respect to the Software.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of SmartOcto and/or the Website. When a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of these terms. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands, unless local mandatory laws apply. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands, for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Information about you

Like many site operators, we collect information that your browser sends whenever you use SmartOcto and/or visit our Website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of the Website, the time and date of your visit, the time spent on those pages and other statistics. Personal information provided or collected through or in connection with SmartOcto and/or the Website shall only be used in accordance with SmartOcto BV’s Privacy Policy and these Terms of Use.

Contact

If you have a question or complaint, please contact us using the Contact button on this Website.

SmartOcto BV, version February 2016