Terms and Conditions (“Terms”)
These Terms, along with the Privacy Policy, Acceptable Use Policy, and Anti-Spam Policy, govern your access. Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the https://seoon.io/ website (the “Service”) operated by Avada SEO On (“us,” “we,” or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
1. Using Our Services
1.1 Eligibility
To access and use the Services, you must:
(a) be at least the age of majority in your jurisdiction;
(b) complete the registration process to create a user account; and
(c) provide and maintain complete, accurate, and up-to-date contact and account information.
1.2 Account and Password
You are responsible for all activity that occurs through your account, whether or not that activity is authorized by you. You agree to take reasonable precautions to ensure that your username, password, and other account information are kept confidential, to not share such information, and to immediately notify us of any unauthorized use of your account.
1.3 Updates and Functionalities
You acknowledge and agree that Avada SEO On may, from time to time, apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
1.4 Third-Party Products and Services
The Services may enable you to access, interact with, or purchase products or services provided by third parties, including from third-party websites or applications linked to or accessible through the Services (“Third-Party Services”). Avada SEO On provides access to Third-Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals, or verification by Avada SEO On of such Third-Party Services. You acknowledge that the use of Third-Party Services may be subject to the terms and conditions of such Third-Party Services and that any contract entered into or transaction completed through Third-Party Services is between only you and the relevant third party.
1.5 Anti-Spam Measures
Avada SEO On reserves the right to take any and all measures it deems necessary or appropriate in its sole discretion (whether legal, technical, or otherwise) to prevent the Services from being used to send unsolicited email (i.e., “spam”) and to address complaints by third parties regarding the sending of such email. Without limitation, you agree that Avada SEO On may, in its sole discretion, suspend or cancel your account if it suspects that your account is being used to send unsolicited emails.
2. Rules of Use
2.1 Permitted Uses
You agree that you will at all times use the Services in a manner consistent with:
- these Terms;
- the Acceptable Use Policy; and
- any other applicable rules, policies, and guidelines established by Avada SEO On in respect of the Services.
Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services, is strictly prohibited, and Avada SEO On reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or cancel the account of any user who is using, or whom Avada SEO On reasonably believes is using, the Services in violation of these Terms.
2.2 Compliance with Laws
You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including, without limitation, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, the Regulations may include, depending upon your use of the Services and without limitation, CAN-SPAM, CASL, and GDPR. You will be solely responsible for determining whether the Services you use comply with the Regulations, and you acknowledge and agree that Avada SEO On will not be liable for any use of the Services you make that violates the Regulations.
2.3 Consents
Without limiting Section 2.2, you further represent and warrant that you will not send any emails other than Transactional Messages (as defined in Section 2.4) unless the email recipients have provided you with valid consent under the Regulations to receive communications from you.
2.4 Transactional Messages
The Services may allow you to send “Transactional Messages,” defined as communications that are sent in response to an action by an email recipient related to a product or service offered by you (e.g., a confirmation email sent in response to a purchase through your app or website) or that concern the ongoing use, purchase, or subscription by an email recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging participation in a commercial activity.
3. Intellectual Property
3.1 Avada SEO On Services
Avada SEO On is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by Avada SEO On. Without limiting the generality of the foregoing, Avada SEO On owns the trademarks and design marks, trade dress, domain names, service names, logos, and associated designs (“Trademarks”) used in connection with the Services, and any unauthorized use of the Trademarks is strictly prohibited.
3.2 Feedback
If you submit any suggestions, comments, or other feedback (“Feedback”) to Avada SEO On regarding the Services, you agree that Avada SEO On shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited, and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that Avada SEO On may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
3.3 User Content
You retain ownership of all information and content (including text, images, video, audio, and other material) that you upload, publish, transmit, link to, or otherwise make available through the Services (“User Content”). You grant to Avada SEO On a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index, and archive User Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such User Content, for the purpose of providing the Services. You are solely responsible for User Content that you upload, publish, transmit, link to, or otherwise make available through the Services. If you are posting User Content belonging to or generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.
4. Payment
4.1 Charge
If you are using the Shopify platform, you will pay via the Shopify payment gateway; the billing will appear in Shopify Billing. If you are using a different platform, such as Magento or a custom platform, you will pay via PayPal.
4.2 Refunds
To protect you, we offer a 30-day money-back guarantee for all our services. If you are dissatisfied with your subscription for any reason within 30 days after the purchase, you can receive a full refund.
To request a refund, please submit a request containing your app ID or email address via Contact Us.
5. Privacy & Data
5.1 Privacy Policy
The Privacy Policy available at Privacy Policy is applicable to the collection, use, and disclosure of personal data (“personal data”) by Avada SEO On and is incorporated by reference into these Terms. Please read the Privacy Policy carefully prior to using the Services. For the purposes of these Terms, personal data has the same meaning as in the EU General Data Protection Regulation 2016/679 (“GDPR”).
5.2 Email Record Retention
You acknowledge and agree that Avada SEO On may, in its sole discretion, permanently erase email records (e.g., copies of emails sent and certain information relating to sent emails) after thirty-five (35) days of such emails being sent, and Avada SEO On has no obligation to retain such records beyond the thirty-five (35) day period.
5.3 User Content Retention
Avada SEO On may, in its sole discretion, permanently erase any User Content and any other information or materials associated with your account if your account is suspended or cancelled for thirty (30) days or more.
6. Confidentiality
“Confidential Information” means any information or materials of Avada SEO On that are reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic, or machine-readable form. You agree to keep Confidential Information strictly confidential and to not use or disclose it for any purpose other than as required for your use of the Services.
7. Term and Termination
7.1 Term
These Terms commence on the date on which you first register for, access, or use the Services and continue until your account is cancelled.
7.2 Termination
You may cancel your account at any time by sending a cancellation request to win@seoon.io or by contacting our Customer Support team directly through the in-app chat. Avada SEO On reserves the right, in its sole discretion and at any time, to immediately suspend or cancel your account, with or without cause, with or without notice, and without any refund. You acknowledge and agree that Avada SEO On will not be liable to you or any third party as a result of such suspension or termination; provided that if your account is canceled without cause, Avada SEO On will refund you any unused credit remaining in your account.
7.3 Effects of Termination
Upon termination of these Terms for any reason:
- any rights and licenses granted to you under these Terms will terminate;
- upon request within sixty (60) days of termination, Avada SEO On will provide you with a list of unsubscribe requests received by your account;
- you shall continue to process all unsubscribe requests as required by law with respect to any email campaigns sent through the Services;
- you shall immediately pay to Avada SEO On any amounts that are outstanding.
7.4 Survival
The following provisions will survive termination of these Terms: Sections 3, 6, 7.3, 7.4, 8, 9, 10, 11.5, 12.1–12.3, and any other provision of this Agreement that must survive to fulfill its essential purpose.
8. Disclaimer of Warranties
You acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided to you on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Avada SEO On expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to all warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Avada SEO On expressly disclaims that: (i) the Services will meet your expectations or satisfy your requirements; (ii) the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free; (iii) the results obtained from your use of the Services will be complete, accurate, reliable, or useful; and (iv) any errors or defects in the operation or functionality of the Services will be corrected. In addition, Avada SEO On expressly disclaims any and all responsibility or liability in relation to: (i) any content made available through the Services, including but not limited to any subscriber content; (ii) any products or services offered or provided by third parties in association or connection with the Services, including any Third-Party Services; (iii) any hacking or other unauthorized access to or use of the Services; and (iv) any damage to your software, computer system, or other property caused by viruses or other malicious code as a result of your access or use of the Services.
9. Limitation of Liability
9.1 Cap
You acknowledge and agree that, to the maximum extent permitted by applicable law, in no event shall our aggregate liability for all claims of any kind, including any claims arising out of or related to these Terms, whether by statute, contract, tort, or under any other form of liability, exceed the amount of any payments made by you with respect to the Services hereunder during the twelve (12) month period immediately preceding the date on which the cause of action arose.
9.2 Excluded Damages
You acknowledge and agree that, to the maximum extent permitted by applicable law, Avada SEO On will not be liable for any indirect, incidental, special, consequential, or exemplary damages of any kind, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Avada SEO On has been advised of the possibility of such damages), resulting from or related to: (i) the use or the inability to use or access the Services, including any content, products, services, offerings, information, or other material available through the Services; (ii) any errors or omissions in the Services or any content; (iii) the suspension or termination of your ability to access the Services; (iv) any interruption or cessation of transmission to or from our site or failure of our systems; (v) the cost of procurement of substitute goods and services; (vi) unauthorized access to or alteration of our systems or your transmissions, data, and/or personal data; (vii) statements or conduct of any third party using the site; (viii) any bugs, viruses, or the like that are transmitted to or through the Services by any third party; or (ix) any other matter or event relating to your or any other party’s use of the site or the Services.
9.3 Basis of the Bargain
You acknowledge and agree that the essential purpose of this Section is to allocate the risks under these Terms between the parties and limit their potential liability given the fees charged for the Services, which would have been substantially greater if Avada SEO On were to assume any further liability other than as set forth herein.
10. User Indemnity
You agree to defend, indemnify, and hold Avada SEO On harmless from and against any and all claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services or any User Content; (ii) your violation of these Terms or the Acceptable Use Policy; (iii) your violation of any applicable laws, including, without limitation, anti-spam or privacy laws; or (iv) your violation of any third-party right, including, without limitation, any intellectual property, privacy, or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with Avada SEO On in the defense of any claim. Avada SEO On reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.