Last updated: 09 June 2020
The present Terms & Conditions regulate provision of Exto, Inc. services (“Services”), in particular, access and use of Recom.ai application (“Application”). Exto, Inc., the organization providing the services, is registered at the address: United States, 500 N Michigan Avenue, 600 60611 Chicago, IL (“Exto, Inc.”, “we”, “us”).
Application is available on e-commerce platforms, and access is provided to the Customers either directly from their respective accounts on such e-commerce platforms or through the website (https://recom.ai/), operated by Exto, Inc. (“Site”), which could redirect the user to such e-commerce platforms.
By visiting the Site and (or) installation of the Application via e-commerce platform or providing us with your Personal Data through the Site or Application on e-commerce platform you acknowledge that you have read this Agreement and accept the provisions, stated herein, as binding for you.
In case you intend not to be bound by the provisions of this document, you shall not install the Application. The Agreement comes into legal force when you install the Application using your account on an e-commerce platform, either with the use of the Site or not, or by any other means.
Hereunder the Application and the Site and jointly referred to as the “Software”.
Unless otherwise provided in the present Terms & Conditions, Services are purchased by Customers and provided as subscriptions for the Application.
Any public distribution of the Software without the prior written consent of Exto, Inc., including non-commercial distribution, sell, assignment, transfer, sub-licensing, rent, lease or lend, is regarded as violation of this Agreement and entails liability, according to the applicable legislation. Any sale, transfer or assignment of the Application, executed in violation of this Agreement, shall be void and automatically terminate the present Agreement between Exto, Inc. and you.
The Content of the Site may not be copied, reproduced, modified, published, transmitted or distributed in any way, in whole or in part, by any means.
You also shall not (a) copy, download, or otherwise reproduce the Application in any form in any way, in whole or in part; (b) alter, modify, or adapt the Application without the prior written approval of Exto, Inc.: (c) sell, license or otherwise distribute to third parties the Application or any of its parts, including the parts of the code; (d) alter, remove, or obstruct the display of any copyright, trademark or other proprietary notice on or in the Application.
By entering into this Agreement you grant us the right to publish/display/list your logo/company’s name as the part of our customer list and other related marketing materials.
Under the provision of the present Terms & Conditions, you agree not to take, execute or implement any of the following actions:
Exto, Inc. does not warrant that the Software, including the interface of the Application on respective e-commerce platforms, will meet your specific needs and requirements, that the Software will be absolutely secure or error-free and that any errors in the Software will be corrected in full.
Customers can request technical assistance during the term of the use of the Application.
Software support is implemented by Exto, Inc. in the following order:
The following means of communication could be used by the customers for software support issues:
Phone:+1 (415) 800-4949
In-product communication within the interface of the Software.
Similarly, we are not liable for the actions and contents of other websites, application and services that refer to our Site and Application.
The subscription utilizes a usage-based pricing model, where bills are calculated in accordance with the amount of widget displays (views) each 30 days. The actual price list is located at https://recom.ai/pricing/.
Сustomers can request an unconditional refund during 30 days after purchasing a subscription for the Application. After receiving a refund request we will execute the refund within 3 business days.
Exto, Inc. and its Affiliates shall not be liable for any direct or indirect, incidental or special damages, consequential, exemplary or punitive damages, or other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the loss of use, data or profits, whether or not we have been advised of the possibility of such damages, arising out of or in connection with the use of the Software.
In any event, if Exto, Inc.will be responsible for any loss, harm or damage, you agree that the aggregate liability of Exto, Inc. and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licensors or suppliers shall in all cases be limited to one hundred dollars.
Notwithstanding the terms of the present Section 8, Exto, Inc. is responsible for privacy rights breaches and violations of the data security, committed by Exto, Inc. or resulted from the actions of Exto, Inc., in accordance with the applicable legislation and, in case such a violation occurs, shall reimburse at least inflicted damages and losses.
You shall defend, indemnify and hold us harmless from and against all liabilities and costs (including reasonable attorneys’ fees) incurred by us, arising from out of or relating to:
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms & Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms & Conditions.
These Terms & Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms & Conditions is not subject to the consent of any third party.
This Agreement may be updated from time to time at our own discretion. We will notify you of any changes by posting the new Agreement at the address: https://recom.ai/terms/. We will also change the “Last Updated” date, which is reflected above.
This Agreement shall commence from the date of installation of the Application on any e-commerce platform until its deletion from the account of the customer on such platform, except for remaining obligations of the Parties (e.g., if applicable, final charge for the Application, retention period for storing personal data).
These Terms & Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.
If you fail to use the Software in accordance with the Terms & Conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the Application is revoked.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States of America. In the event that any portion of these Terms & Conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.