Terms & Conditions
END USER LICENSE AGREEMENT/TERMS AND CONDITIONS
NOTICE TO USER
This End User License Agreement (EULA) is a CONTRACT between You (an individual, company or a Legal entity) and ExportFeed.com, a Digital Product Labs, Inc., which covers your use of the ExportFeed.com software product that accompanies this EULA and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software Product.” A software license, issued to a designated user only by ExportFeed.com or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
- GRANT OF NON-EXCLUSIVE LICENSE.
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on one domain. YOU may not create derivative copies of the Software Product License.
(b) Grant of License: Subject to a validly issued Software Product License, ExportFeed.com grants to you the non-exclusive, non-transferable right to use the Software Product on a single website running a valid licensed copy of the operating system for which the Software Product was designed. You may not create derivative copies of the Software Product. All rights not expressly granted to you are retained by ExportFeed.com.
(c) Backup Copy; Software Product: YOU may responsibly make a copy of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy; Software Product License: You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
- INTELLECTUAL PROPERTY RIGHTS RESERVED BY ExportFeed.com.
The Software Product is protected by the United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of ExportFeed.com. ExportFeed.com reserves all intellectual property rights, including copyrights, and trademark rights.
- NO RIGHT TO TRANSFER.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without ExportFeed.com’s written approval and subject to written agreement by the recipient of the terms of this EULA.
- PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- SUPPORT SERVICES.
ExportFeed.com may provide you with support services related to the Software Product. Use of any such support services is governed by the ExportFeed.com policies and programs described in “online” documentation and/or other ExportFeed.com-provided materials. Any supplemental software code or related ExportFeed.com products provides to you as part of the support services is to be considered a part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to ExportFeed.com as part of the support services, ExportFeed.com may use such information for its business purposes without restriction, including for product support and development unless you explicitly restrict us in written and we acknowledge it based on the GDPR regulation compliance. ExportFeed.com will not use such technical information in a form that personally identifies you. Providing technical information to You for customizations will be governed by the internal policies, however ExportFeed.com will not provide customization services on Software Product and Software Product License unless otherwise mentioned in the internal business policies.
- TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
ExportFeed.com may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
- LIMITED/NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE “AS IS”, AND ExportFeed.com (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, SECURITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExportFeed.com (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. IF YOU FIND A PORTION OF THE SOFTWARE THAT IS NOT WORKING, PLEASE SUBMIT A SUPPORT TICKET AND WE WILL CORRECT THE PROBLEM GRANTED IT IS NOT RELATED TO YOUR HOSTING COMPANY OR YOUR PERSONAL INTEREST. NOT ALL HOSTING COMPANIES ARE CONFIGURED THE SAME SO WE WILL WORK WITH YOU AND YOUR HOSTING COMPANY TO ADDRESS THE ISSUE. IF WE FIND THAT THE HOSTING COMPANY DOES NOT HAVE THE REQUIREMENTS FOR OUR SOFTWARE THEN WE WILL RECOMMEND ANOTHER HOSTING PROVIDER AT WHICH TIME YOU WOULD NEED TO SWITCH YOUR HOSTING PROVIDER. IN CASE OF YOUR DECISION TO NOT CHANGE THE HOSTING ACCORDING TO OUR RECOMMENDATION, YOU CANNOT CLAIM FOR ANY REIMBURSEMENTS OR REFUNDS. ExportFeed.com IS NOT LIABLE FOR THE HOSTING COMPANY AND CONFIGURATION OF THEIR SERVER.
- LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ExportFeed.com (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ExportFeed.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ExportFeed.com’s (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $1.
You can cancel the subscription any time before the end of the billing period. Cancellation before first 7 days after the billing period will be charged 35% of the subscription amount. After that, you will be charged whole amount of the subscription for that period.
Due to the open-source nature of the software there are no refunds. Along with that, if you are using our cloud service, the resources will be allotted to you to provide the services so we will not be able to provide you refund in this case as well. Therefore, it is important that you go through the features and the functions during the trial to make sure that this software is what you are looking for. The trial is exactly the same software you are purchasing. There are no differences.
- GOVERNING LAW; ENTIRE AGREEMENT.
This EULA is governed by the laws of the United States of America excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and ExportFeed.com.
Support is offered to existing customers for as long as you use the software and own your domain. All bugs should be submitted to our support department for immediate resolution. If you find something is not working, please submit it to our support department.
- CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact ExportFeed.com for any reason, please direct all correspondence to:
firstname.lastname@example.org and email@example.com
PERSONAL INFORMATION WE COLLECT
I. DEVICE INFORMATION
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
- “Server environment” and “site settings” are the type of information that we collect from you in order to provide you support and solve the problems that you may be facing.
- “Product data” is the product information of your site (if synced with our cloud system) to organize and manage in the specified file format for your business promotion purpose.
For some specific products, we collect the product data of your E-commerce site to provide you with the product feed of your business in the specified format as required by the merchant of your choice.
II. ORDER INFORMATION
III. BUSINESS INFORMATION
Your business information that we collect is related to the E-commerce site and products that you offer to the general public. Apart from that, we also consider the business emails that you associate with these emails as business email.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you in business business-related;
- Screen our orders for potential risk or fraud; and
- Send you relevant advertising and business promotions, adhering to your preferences.
- Identify genuine users of our Software Product as defined in terms and condition.
- Qualify users of our Software Product to provide support and product updates.
- Avail the feed files that you subscribe, use or purchase our Software Product
We use the Device Information that we collect to help us screen for potential risk and fraud (IP address, mistaken login access details), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). The information is collected by using third party softwares and web beacons that comply with the GDPR’s privacy by design.
In course of providing you the required support in certain cases, we may ask you for the server information that your site is hosted on.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. Please understand that your personal data may be shared to different countries and continents across the globe as per requirement basis.
We use Google Analytics to help us understand how our customers use the Site-you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We use Bing Webmasters tool to help us understand how our customers use the Site. If you are an EU citizen and wish to use your “right to be forgotten” on Bing, you can use the form here: https://www.bing.com/webmaster/tools/eu-privacy-request or manage your Bing ads preferences to opt-out from our Bing ads: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
We use Hotjar and similar visitor tracking software to collect your activity on our site. These which assists us by providing data for better end users experience as well as assist us in diagnosing technical problems and helps to analyze user trends. If you do not want us to collect such information about you, please visit the Hotjar opt-out page: https://www.hotjar.com/legal/compliance/opt-out or enable Do Not Track (DNT) on your browser.
We may use third-party applications to occasionally communicate with you through emails. For this, we will need to share your data with the email service providers such as MailChimp, ActiveCampaign. However, we respect your rights by providing a link to unsubscribe through these informational or marketing emails.
When you are using our cloud service, we share your Business Information as the main service that we provide to you. The sharing is only done after you initiate to share your product information with your selected merchants. For some of the merchants that have auto-sync from the feed URL, you can control sharing activity through our cloud platform. Along with that, you can download your business data from our cloud service as per the data portability for GDPR compliance. And you can also request us to delete your business data to execute your right to be forgotten.
When you are using our Software Product except for the cloud service (plugins, extensions, components, and modules) to create product feed of your site, your Business Data is not shared with us and it is on your own server. So, sharing the Business Data that you create using our products will be under your responsibility.
Finally, we may share your Personal Information to comply with applicable laws and regulations, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
IF YOU ARE LOCATED IN EUROPE
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. You could also login to https://shop.exportfeed.com and add, edit, update or delete your information under the right to be forgotten.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States unless you explicitly restrict us to do so by contacting us through the contact information below.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. Similarly, if you use our cloud service to connect your E-commerce store, we will also retain your Business Information till the time we find it appropriate to delete or you explicitly request us to delete the data. As per the data collected through third party sites, we will adhere to the GDPR compliance as per the terms and policies followed by those third parties.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail using the details provided below:
ExportFeed specifically disclaims liability for any activity in your account, whether authorized by you or not.
When you are using ExportFeed Services, ExportFeed has no obligation to monitor Your use of the Services and neither can be held liable if you or anyone on your behalf with or without your knowledge or consent uses it in an unlawful or unethical way.