1. Introduction
1.1 Welcome to the Activly.io website (the "Website"). By accessing, browsing, or using our Website and services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (the "Agreement") and any additional guidelines or future modifications.
1.2 Activly.io ("we," "us," or "our") reserves the right to update or modify this Agreement at any time without prior notice. Any changes will be effective immediately upon posting the revised Agreement on the Website. Your continued use of the Services after any such changes constitutes your acceptance of the new Agreement.
2. Acceptance of Terms
2.1 By using any of our Services, you agree to be bound by this Agreement. If you do not accept these terms in full, you must not use our Services.
2.2 If these terms are considered an offer by Activly.io, acceptance is expressly limited to these terms.
3.1 Our Services are not intended for children under the age of 13. By using our Services, you represent and warrant that you are at least 13 years old.
3.2 If you are under the age of 13, you must not register or use our Services under any circumstances.
3.3 Activly.io reserves the right to request proof of age at any time to verify compliance with this section. If we discover that a user is under the age of 13, we will terminate their account immediately.
4. Account Registration
4.1 To access and use certain features of our Services, you must create an Activly.io account (the "Account").
4.2 When creating an Account, you agree to provide accurate, current, and complete information as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your Account information, including your password.
4.3 You are solely responsible for all activities that occur under your Account, and you agree to notify Activly.io immediately of any unauthorized access or use of your Account.
5. User Responsibilities
5.1 Account Security: You are responsible for maintaining the security of your Account and for all activities that occur under your Account. You agree to notify Activly.io immediately of any unauthorized access to or use of your Account or any other breach of security.
5.2 Content You Provide: You are solely responsible for any content you post, upload, or otherwise make available through the Services (the "User Content"). By posting User Content, you grant Activly.io a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services.
5.3 Prohibited Content: You agree not to upload, post, or otherwise make available any User Content that:
(i) infringes any intellectual property rights of any party;
(ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(iii) contains any viruses, malware, or other harmful code; or
(iv) violates any applicable laws or regulations.
6. Security
6.1 Activly.io provides HTTPS encryption by default for all websites hosted on our platform.
6.2 By using a custom domain with our Services, you authorize Activly.io to handle SSL/TLS certificates on your behalf to maintain HTTPS security.
7. Paid Services
7.1 Activly.io offers optional paid services or upgrades (the "Paid Services"). By purchasing a Paid Service, you agree to pay the applicable fees as described on the Website at the time of purchase.
7.2 All fees for Paid Services are charged in advance and will automatically renew at the end of the applicable subscription period unless you cancel the Paid Service in accordance with the cancellation terms provided at the time of purchase.
7.3 Activly.io reserves the right to modify the fees for Paid Services at any time. Any changes to the fees will take effect at the start of the next subscription period following the date of the change.
8. Refunds
8.1 Activly.io offers a 14-day money-back guarantee for Paid Services. If you are not satisfied with a Paid Service, you may request a refund within 14 days of your initial purchase.
8.2 After the 14-day period, no refunds will be provided for any Paid Services.
9. Third-Party Content
9.1 The Services may contain links to third-party websites or resources (the "Third-Party Content"). Activly.io does not endorse and is not responsible or liable for any Third-Party Content, including its accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.
9.2 Your access and use of any Third-Party Content is at your own risk, and you acknowledge and agree that Activly.io 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 your use of or reliance on any Third-Party Content.
10. Intellectual Property
10.1 Activly.io respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Website infringes your intellectual property rights, please notify us immediately, and we will investigate and take appropriate action, which may include removing the infringing content from the Website.
10.2 By using the Services, you acknowledge and agree that all intellectual property rights in the Services and the Website, including copyrights, trademarks, service marks, and trade names, are owned by Activly.io or its licensors.
11. Service Modifications
11.1 Activly.io reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and without prior notice.
11.2 In the event of any material changes to the Services, Activly.io will provide reasonable notice to you. If you do not agree to the changes, you must cease using the Services. Your continued use of the Services following any such changes constitutes your acceptance of the new terms.
12. Termination
12.1 Activly.io may, in its sole discretion, terminate or suspend your access to the Services at any time, with or without notice, for any reason, including if you violate this Agreement.
12.2 You may terminate this Agreement at any time by ceasing to use the Services and deleting your Account.
12.3 Upon termination of this Agreement, your right to use the Services will immediately cease, and you must delete all copies of any data or content obtained from the Services.
13. Disclaimers
13.1 The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
13.2 Activly.io does not warrant that the Services will be uninterrupted, error-free, or secure, nor does it make any warranty as to the results that may be obtained from the use of the Services.
14. Limitation of Liability
14.1 In no event shall Activly.io, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Services.
14.2 In no event shall Activly.io's total liability to you for all damages exceed the amount paid by you, if any, for accessing the Services during the three (3) months immediately preceding the event giving rise to the claim.
15. Governing Law and Jurisdiction
15.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law.
15.2 You agree that any action at law or in equity arising out of or relating to this Agreement or the Services shall be filed only in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
16. Severability
16.1 If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement
17.1 This Agreement constitutes the entire agreement between you and Activly.io regarding the use of the Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.