Terms of Service
Evermark is an application by Basecanvas AB
In this Terms of Services ("Terms"), we describe your rights and responsibilities when using our platform, the services, and our websites (collectively, "Services").
The Services is provided by Basecanvas AB ("Basecanvas"). By using our Services, you are agreeing to these Terms and certify that you are over the age of 16. If you are using the Services on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of the Organization. In that case, "You" and "Your" may refer to the Organization. Please read these terms carefully before start using our Services.
For paid accounts, you'll be charged on a monthly or yearly basis. You can cancel anytime, but there are no refunds.
You own the business data that you provide to Basecanvas and You're responsible for keeping it safe.
The Terms, the Services, and our prices can change at any time. We'll try to warn you about major changes to the Terms or Basecanvas, but we make no guarantees.
Your Agreement with Basecanvas
Your use of the Services is governed by these Terms.
In order to use the Services, You must first agree to the Terms. You understand and agree that Basecanvas will treat Your use of the Services as acceptance of the Terms from that point onwards.
Basecanvas may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Services after the date on which the Terms have changed, Basecanvas will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at firstname.lastname@example.org.
- You may not use the Services if You are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which You are resident or from which You use the Services.
- You may not use the Services unless you are over the age of 16.
- You must be a human. Account created by automated methods are not permitted.
Use of the Service
- You must provide accurate and complete registration information any time You register to use the Services.
- You are responsible for the security of Your passwords and for any use of Your account.
- Your use of the Services must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the Services.
- Basecanvas reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Basecanvas disabling or throttling Your usage of the Services for any amount of time.
- You may not allow multiple people to use the same account or otherwise access the Services in a manner intended to avoid incurring fees.
Facebook - Advertising Platform
Facebook - General
Evermark is an advertising platform. Evermark will create, purchase and manage Facebook and Instagram ads on your behalf based on the content of your Shopify store. By using our Services you agree to comply with Facebook’s Advertising Policies, Terms of Service, Self Service Ads Terms, Custom Audiences Terms, and Commercial Terms.
You understand that Basecanvas and our Services are not affiliates, agents or partners with Facebook and Instagram and as an independent third party Basecanvas has no right, responsibility or ability to object to any decision made by Facebook and Instagram.
Facebook - Advertising Review
You are responsible to ensure that you are allowed to use the content such as products, images, texts, customers in your Shopify store for advertising purposes. You agree that any ads created by our Services on your behalf are subject to review by Facebook and Evermark.
If you fail to comply with Evermark's and Facebook's terms and policies we or Facebook may suspend your account and reject your ads.
Facebook - Data Transfer & Custom Audiences
Evermark may use Facebook’s custom audiences feature which creates an audience using your customer data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on our system before being uploaded to Facebook to be used to create your custom audience (the “Hashed Data”).
You agree that Evermark will transfer your Hashed Data to Facebook to create custom audiences for your ads. By using our Services you agree to Facebook's Custom Audiences Terms.
Facebook - Payment Terms
Evermark will not pay for advertising campaigns created on your behalf. Campaigns created on your behalf is paid by you using your credit card for the selected Facebook Ad Account or that you provided when setting up Evermark. You agree to pay the amount chosen as your daily budget to Facebook using the credit card you have provided us. There is no guarantee that your daily budget will be spent.
You also agree to pay a service fee for Evermark according to our pricing. This fee is paid to Basecanvas and is charged on the credit card you provided us when you signed up for the service.
Services Policies and Privacy
Fees for Use of the Service
- The Services may be provided to You without charge up with certain limits or for a certain "trial" period of time.
- Usage over this limit (or after the "trial" period) or requires Your purchase of additional resources or services.
- For all purchased resources and services, we will charge Your credit card on a monthly or yearly basis.
- Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Charges are solely based on Basecanvas's measurements of Your use of the Service, unless otherwise agreed to in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that You provide to Basecanvas may be shared by Basecanvas with companies who work on Basecanvas's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Basecanvas and servicing Your account.
- Basecanvas may change its fees and payment policies for the Services by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
- All subscriptions renew automatically renew for an additional period equal to the to the preceding period.
Cancellation and Termination
- You must cancel Your account via support request at http://basecanvas.com using your account email. Any other emails or phone requests to cancel Your account will not be considered a cancellation.
- You will not receive any refunds if You cancel Your account.
- If You cancel the Services before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.
- You agree that Basecanvas, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Services may be without prior notice, and You agree that Basecanvas will not be liable to You or any third party for such termination.
Ideas and Feedback
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Services or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Basecanvas under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Modification of the Service
- You acknowledge and agree that the Services may change from time to time without prior notice to You.
- Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
- Basecanvas shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Basecanvas is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
License from Basecanvas and Restrictions
All of the content available on or through the Service, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by Basecanvas, or other licensors or Services users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information.
Subject to and conditioned upon Your compliance with these Terms, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Basecanvas as part of the Services as provided to You by Basecanvas. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Basecanvas, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Basecanvas, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services.
Open source software licenses for components of the Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Basecanvas for the use of the components of the Services released under an open source license.
You may not use the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users' use or enjoyment of the Services.
You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting anything else contained herein, You agree that You shall not (and You agree not to allow any third party to):
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Services or in any content or other material obtained via the Service;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
- reformat or frame any portion of the web pages that are part of the Service;
- use the Services for commercial purposes not permitted under these Terms;
- create user accounts by automated means or under false or fraudulent pretenses;
- attempt to defeat any security or verification measure relating to the Service;
- provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users' actions or activities;
- impersonate or attempt to impersonate Basecanvas or any employee, contractor or associate of Basecanvas, or any other person or entity; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Our Copyright Dispute Policy
Basecanvas respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If You believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Basecanvas Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and an email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached at email@example.com OR Basecanvas AB, Vallersviksvägen 50, 18491, Åkersberga, Sweden, Attention: Privacy.
Links to Other Websites
The Services may contain advertisements and/or links to other websites ("Third Party Sites"). Basecanvas does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If You decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, You do so at Your own risk. Once You access a Third Party Site through a link on our Site, You may no longer be protected by these Terms of Services and You may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which You navigate from the Site, or relating to any software You use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Basecanvas bears no responsibility for any action associated with any Third Party Site.
Disclaimer of Warranties
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BASECANVAS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. BASECANVAS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL BASECANVAS, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to hold harmless and indemnify Basecanvas, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, or (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Basecanvas will provide You with written notice of such claim, suit or action.
Choice of Law and Dispute Resolution
General Legal Terms
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Basecanvas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if Basecanvas does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Basecanvas has the benefit of under any applicable law), this will not be taken to be a formal waiver of Basecanvas's rights and that those rights or remedies will still be available to Basecanvas.
Basecanvas shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other natural disasters, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
Creative Commons Attribution
This document is an adaptation of the Baremetrics Terms of Service & Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Services. The original work has been modified with permission under the Creative Commons Attribution 3.0 License.
You're welcome to adapt and use this document for Your own needs as long as you follow Creative Commons Attribution 3.0 License.