Last updated: 8/27/2021
By accessing and using the Services, you agree to be bound by these Terms resulting in entering into a legal agreement between you and Phonal. Your presence on and use of the Platform is conditional on your acceptance of these Terms. Any violation of these Terms will lead to termination of your right to use Services and your ability to gain access to the Platform.
You agree to access and/or use Services at your own risk. Subject to the provisions specified hereunder, we reserve the right to refuse to provide Services to anyone without a reason at any time.
Phonal and you are the parties to these Terms. Provisions of these Terms govern how you access to and/or use Services and Platform. In case you act on behalf of a company or other entity, you represent and warrant that you have legal capacity and authority to accept these Terms on behalf of the respective company or entity in order to access and/or use Services and Platform.
By using our Platform and the Services, you confirm that you have fully familiarized yourself with these Terms and accept them. If you do not agree with the provisions of these Terms in whole or in part, you must not use the Platform or our Services.
When you register a personal account on the Platform (the “Account”), you automatically agree to these Terms, and the term of provision of the Services (“Term”) begins. These Terms will be valid, enforceable, and binding upon the Parties for as long as you have the Account on the Platform or until you or we terminate the provision of the Services and usage of the Platform in accordance with these Terms.
If you fail to comply with any provision of these Terms, it may result in immediate termination of the provision of the Services at our sole discretion without giving you prior notice in this regard.
You may use our Services only If you are at least 18 years old or you must be of the age of majority in your region, territory, or country. Minors have the right to use the service only with the permission from parents or legal representatives.
If you use the Service, you warrant that you have the right, legal capacity and authority to abide by all of the provisions in the Terms and in compliance with these Terms and any applicable local, state, national and international laws and regulations.
To use the Services, you need to register an Account. You can register only one account using the functionality of the Platform. One Customer may register only one Account. If you want to register another Account, you should request permission via [email protected] or via Contact Us form available on the Platform. It is our sole discretion to decide whether you can register another Account on the Platform.
If you have an Account, you are fully responsible for all activity performed through the Account, namely, for updating and accuracy of the information you provided, exercising control over the Account and preventing unauthorized access to the Account.
We reserve the right to terminate or block your Account for your safety, the safety of Phonal or our partners in order to prevent identity theft or due to other reasons, determined at the sole discretion of Phonal as sufficient.
You can access your Account via signup using your Google account, e-mail, Facebook account. After signing up you obtain an opportunity to log into your Account using your signup information. It is your responsibility not to disclose your Accounts’ password and/or payment details. You have the right to delete your Account at any time unless you have financial obligations before Phonal. We reserve the right to store your personal data after the deletion of the Account in accordance with our .
You are solely responsible for the content of all advertising materials and derivatives thereof, including the texts generated by the Platform that meet your request or instruction (the “Content”). We cannot be held liable for any loss or damage that, directly or indirectly, is or can be caused by the Content to you or third parties, including any natural person or legal entity interested in cooperation with you regarding the use of the Platform and other results of the Services (the “Clients”), and make no warranties that any Content obtained, created, developed or exploited by us and meeting your requests or instructions is accurate or complete or complies with all applicable laws. You represent and warrant that you have all rights and permissions necessary to display and distribute Content.
You further represent and warrant that:
When you start using our Platform and Services for the first time, we provide you with seven calendar days’ free trial period (the “Free Trial”). You do not pay for the provision of Services during the Free Trial. One Account may use the Free Trial only once. If you have several Accounts, Phonal provides you with a Free Trial only once. The provision of Services ceases after the end of the last day Free Trial term. In order to continue using our Services, you need to choose one of the subscription options as specified under the provisions set forth in Sections 10-12 hereunder.
By obtaining the Deliverables during usage of the Platform, you transfer to us the materials which could include the trademarks, text, visual content, including the contents of advertisement message or object executed in any form that can be transmitted via the Internet (e.g., in the form of an advertising post/message) that are suggested, described or accepted at the suggestion of Phonal by the Customer and performed by us. Materials may include any other intellectual property objects or elements subject to these Terms.
You need to pay for the subscription on the Platform in order to use our Services (the “Subscription”). Parties may additionally agree upon the specific Subscription terms, including hosting of the Software, via the means of communication provided hereunder.
The monthly price of the Subscription (the “Monthly Payment”) consists of a fixed monthly payment (the “Fixed price”) and additional payments which depend on the number of credits you spend per month (the “Pay-per-use” / “PPU”). You can check the current pricing of the Subscription on the Platform on the payment info page a .
The number of credits you use during the provision of Services is calculated automatically by the Platform.
Phonal provides Services under the Subscription on a monthly basis within 30 (thirty) calendar days periods (the “Period”). At the end of each Period, we will automatically send you information about the Monthly Payment through electronic means of communication, including contact form, email address, notification options in your Account, and any other means capable of such operation until your subscription is canceled or terminated.
The first-month payment will consist of a Fixed price and fixed PPU for such a month which include a certain number of credits for a month. If you spend more credits than were provided to you, next month and onwards you will pay a Fixed price, a fixed PPU and additional PPU depending on the number of extra credits you used in the preceding month with regard to the relevant pricing on the payment info page at .
In case you do not want to renew your monthly subscription, you can withdraw it at any time. We will stop providing Services to you after the last day of the Period for which you have paid. If as of the date when you withdraw your Subscription you have exceeded the amount of PPU credits provided to you within the respective Period, as soon as possible after the date when you withdraw your Subscription Phonal will send you an invoice for the respective extra PPU credits you have used. Cost of such extra PPU credits will be calculated according to the pricing of the Subscription effective at the date when you withdraw your Subscription.
As a general rule, no funds connected with access and/or use of the Services are refundable. If you withdraw your Subscription before the last day of the Services provision Period for which you have paid, Phonal does not reimburse you the unused amount of the paid fees. We have the sole discretion to provide you with any refunds and discounts.
You may pay for the provisions of Services through various financial means. You should attach at least one valid payment method to your Account. If the Monthly payment is not completed due to any reasons, we reserve the right to block your access to the Services until we successfully charge the required amount using your valid payment method. For some payment methods, payment operators may charge additional fees, namely payments for cross-border transactions or other payments related to the processing of your payment method. You can check with your service provider regarding your payment method for details. All your late payments hereunder are subject to a 3% fine per month.
WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR MISUSE OF THE SERVICES AND PLATFORM. IN PARTICULAR, WE ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE; WE ARE NOT LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. IN NO EVENT SHALL OURS TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES AND THE PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUR. WE HAVE NO LIABILITY FOR ALL ACTIVITIES OCCURRING UNDER YOU USE OR MISUSE OF THE SERVICES. WE DO NOT PROVIDE YOU WITH ANY RIGHTS, LICENSE OR PERMISSIONS REGARDING COLLECTION DATA THROUGH THE SERVICES. WE SHALL NOT BE HELD LIABLE FOR ANY CLAIMS ARISING BY THIRD PARTIES FROM YOUR USE OF THIRD PARTIES DATA THROUGH THE SERVICES AND/OR ANY ALLEGED COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT. WE NEVER PROVIDE OUR SERVICES WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU CAN POSSIBLY OBTAIN FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE PLATFORM BEYOND OUR REASONABLE CONTROL.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND THAT THE SERVICES WILL BE FREE FROM ERRORS OR DEFECTS. PHONAL, ITS EMPLOYEES, AGENTS, CONTRACTORS, AGENTS’ SUPPLIERS AND SUPPLIERS DO NOT WARRANT THAT: THE PERFORMANCE OF THE SERVICES SHALL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE; ANY DEFECTS OR ERRORS OF THE SERVICES PERFORMED SHALL BE CORRECTED IMMEDIATELY AND FOR FREE; THE OUTPUT OF THE USAGE OF THE SERVICES WILL MEET THE EXPECTATIONS OF THE CUSTOMER, THE SERVICES WILL BE AVAILABLE IN ALL GEOGRAPHIC LOCATIONS. THE CUSTOMER AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT THE CUSTOMER USES THE SERVICES PROVIDED HEREUNDER VOLUNTARILY AND AT THE CUSTOMER’S OWN RISK.
ALL SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO THE SPECIFIC QUALITY OF THE SERVICES, ANY SUBSCRIPTIONS OR ANY OTHER SERVICES AND PRODUCTS ON ANY PART THEREOF PROVIDED UNDER THESE TERMS. WE DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OF THE SERVICES, ANY OF ITS PARTS OR ANY OTHER SERVICES OR PRODUCTS ANY PART THEREOF FOR YOUR PARTICULAR PURPOSES WHILE ACCESSING TO AND/OR USING THE SERVICES. WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING YOUR ACCESS TO AND/OR USE THE SERVICES OR OTHERWISE. THESE LIMITATIONS OF LIABILITY STATED HEREUNDER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NOTHING IN THIS DISCLAIMER WILL LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.
We own and retain all rights, title, and interest (including without limitation all intellectual property rights) in any data, technology, infrastructure, methods, or know-how (excluding any data files that you own or license and provide to the Phonal with for the purpose of processing to render your services to the Clients and which does not include any data that has been independently obtained or derived by the Phonal before the acceptance of these Terms or in connection with the performance of other business tasks (the “Customer’s Data”)) containing in the Deliverables, including without limitation the placing, creating or synchronizing of Phonal’s identifiers with Customer’s Data and cookies, device IDs, custom IDs, or other platform integration IDs (collectively, “Platform Integration IDs”).
By using the Platform, you grant to the Phonal, its affiliates, subsidiaries and suppliers, a non-exclusive, royalty-free, transferable right to use and publish Content, in the manner and for the purposes for which the Services are used from time to time and only in connection with the provision of the Services for Customer’s benefit.
You own and retain all rights, title, and interest (including without limitation all intellectual property rights) in and to Customer’s Data and any updates or modifications to the foregoing.
We and you may only access and use each other’s intellectual property as expressly set forth herein. Nothing in these Terms shall affect or modify either Phonal’s or your ownership rights in any pre-existing or future works, trademarks, copyrights, or technologies developed or created by Phonal or you. Any software functionality provided by us that establishes the linkage between any Customer’s Data and any third party Platform Integration ID, including any Customer identifier (to the extent such identifier is delivered or exposed to Customer) that enables such linkage, is our intellectual property, and may only be used as set forth in these Terms.
Other than the rights expressly licensed to the Phonal by these Terms, no right, title, or interest in Customer Data is transferred to the Phonal. Except with your prior written consent, we shall not authorize or contract with any third party to, resell, lease, assign, rent, sublicense, distribute, transfer, disclose, time-share, or otherwise share Customer’s Data for any purposes other than fulfilling its obligations hereunder.
For any dispute with Phonal, you agree to first contact us via [email protected] or via the Contact Us form available on the Platform and try to solve the dispute with us in an informal way.
If we and you cannot reach an out-of-court settlement, any dispute arising from these Terms shall be brought to the competent court pursuant to the laws of the Republic of Latvia, under the applicable procedure.
The provisions of these Terms only have a legal effect on you and us. No user has any right to force us to enforce any rights it may have against you or any other user of the Platform.
The section headings used herein are for convenience only and do not give any legal significance.
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable one, which comes closest to the intention underlying the unenforceable term or provision. All the remaining provisions shall remain in force.
Should a provision hereof be held null and void by any court or the competent authority in whole or in part, the remainder of the provisions hereof shall survive.
The relationship between you and us shall be governed and construed in accordance with these Terms, construction, validity, and enforcement of which shall be governed under the laws of the Republic of Latvia.