These Terms of Use are effective as of August 1, 2023
Welcome to Easy Audiences's website (referred to as the "Site"). We, Easy Audiences, operate this Site, and it can be accessed at management@easyaudiences.ai or other addresses/channels.
These Terms of SaaS Service ("Terms") apply to your use of Easy Audiences, LLC's SaaS Services, software, and websites (collectively referred to as the "SaaS Service"). "Easy Audiences," "we," and "our" all denote Easy Audiences, LLC. The Terms cover both free and paid SaaS Services and any content (referred to as the "Content") such as data, text, files, information, images, and more, that you upload, download, or appear on our websites or applications.
Your agreement to these Terms and our Privacy Policy is essential for using the SaaS Service. If you're using our SaaS Service on behalf of an organization ("Organization"), you agree to these Terms on the Organization's behalf, affirming your authority to bind them. In this context, "you" and "your" refer to the Organization.
It's crucial to understand that our Terms and Privacy Policy impact your legal rights and obligations. If you disagree with any part, refrain from accessing or using our SaaS Service.
ARBITRATION NOTICE: Unless you opt-out, and excluding specific dispute types described below, you agree that disputes between you and us will be resolved through binding individual arbitration. You also waive the right to participate in class action lawsuits or class-wide arbitration.
In order to use the EasyAudiences ("EA," “EasyAudiences,” "Company," "we," "us," and "our") website (the "Website") or make use of the services provided by EasyAudiences (the "Service" or "Services"), you (hereinafter referred to as "You," "Your," and "Yours") must first read this agreement (the "Agreement") and accept it. You may not use the EasyAudiences Website or Services if You do not accept this Agreement and the terms therein. You accept the terms of the Agreement by clicking to accept, by agreeing to the terms of the Agreement in the user interface for any EasyAudiences Service. BY USING THE SERVICES OR THE WEBSITE, YOU HAVE AGREED TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE THE WEBSITE OR SERVICES.
As set forth above, by logging into your EasyAudiences account, You represent and warrant that You have read and agree to the terms and conditions of this Agreement. These terms and conditions will remain in effect throughout Your use of the Services. These terms and conditions are legally binding should You choose to access the Service. You may not use the Website or Services if You are not of legal age to form a binding contract with us.
If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You don't have the legal authority to bind Your employer or the applicable entity, please do not put a check mark next to I AGREE and click on SUBMIT or use the Services. We reserve the right to change these Terms of Service from time to time without notice by posting them to the Website. When we do, we will also revise the "last update" date of these Terms of Service. Your continued use of the Service after such posting will constitute acceptance by You of such amendments.
Consent: By using our Site, you agree to these Terms and our Privacy Policy (management@easyaudiences.ai). If you disagree, please stop using our Site immediately.
Variations: We may change these Terms at any time by posting updates on our Site. Check regularly to stay informed. Content on the Site is subject to change without notice, and we don't guarantee its accuracy or timeliness. We may, at our discretion, remove any User Content at any time. Check our Site regularly for updated terms.
License to use our Site: We grant you a non-exclusive, revocable license to use our Site as per these Terms. All other uses require our written consent.
Upon creating an Account, you agree to receive informational and promotional text messages from the SaaS Service. You can opt-out by texting STOP to (970) 404-4312. Opting out may impact your SaaS Service use.
Automated access to SaaS Service content is prohibited, except with our express consent or by standard search engine protocols.
For diagnostics, our employees may access your account and content. If you seek assistance without granting access, specify in communication with our support team.
Your Content may be transferred, stored, and processed globally. By using the SaaS Service, you consent to this.
Prohibited conduct: You must not engage in unlawful, inappropriate, or reputation-damaging activities on our Site. This includes privacy breaches, harassment, interference with other users, and any malicious tampering.
Exclusion of competitors: Competing with our business through our Site or its Content is prohibited.
Information: Content is general information, not advice tailored to your specific needs. While we strive for accuracy, we provide no warranty regarding the Content's completeness or correctness.
Intellectual Property rights: We own or license all rights in our Site and Content. You may not copy, reproduce, distribute, or breach any intellectual property rights associated with our Site or Content.
Disclaimer of Warranties: The SaaS Service, including Our Content, is provided "as is." We disclaim all warranties, including merchantability and fitness for a particular purpose. Use of the SaaS Service is at your own risk.
Limitation of Liability: The Easy Audiences Parties are not liable for any direct or indirect losses related to the SaaS Service, including your use, content, or investigations. Our total liability is limited to one hundred United States dollars ($100.00).
License Limitations: Disruptive actions violating the SaaS Service's legitimate operation are prohibited. We may limit, suspend, or terminate accounts without notice for non-compliance with Terms or improper use.
We are not responsible for third-party actions, content, or data. You release the Easy Audiences Parties from any known or unknown claims connected to such third parties.
Time Limitation on Claims: Any claim related to your relationship with us must be filed within one year, or it's permanently barred.
Severability and No Waiver: Unlawful provisions are deemed severable. Our failure to enforce any provision doesn't waive our rights.
Entire Agreement: These Terms constitute the entire agreement between you and us, superseding any prior agreements.
Territorial Restrictions: The SaaS Service is not intended for use where prohibited by law. We reserve the right to limit availability based on location.
Export Controls: Software from the SaaS Service is subject to U.S. export controls. You represent that you're not in a prohibited location or on a restricted list.
Language: These Terms were written in English (US). In case of conflicts, the English version prevails.
Indemnity: You must indemnify us against any Liability arising from your use of our Site or any breach of these Terms.
Severance: If a provision is invalid, it's narrowed down or severed without affecting the rest.
Venue & Governing Law: Disputes litigated in Colorado, governed by Colorado laws.
Waiver: No waiver is a continuing waiver of any condition or breach.
Disputes: In case of a Dispute, parties must attempt resolution in good faith. If not resolved, arbitration may follow.
Arbitration: All escalated disputes will be resolved through individual arbitration. Class actions and consolidated claims are not allowed.
Collection: In case of a dispute under this Agreement, the prevailing party is entitled to reimbursement for all reasonable collection costs, including attorneys’ fees at all levels and Courts.
Notices: All required notices under this Agreement must be written and deemed delivered on the same day if hand-delivered, the next business day if sent by overnight courier, email, or facsimile (with confirmation), or within three (3) business days if sent by regular mail. Approval and signatures can be provided through alternative methods, like email or facsimile, as per industry custom and acceptance under this Agreement.
Provide accurate information when creating your Easy Audiences account.
Safeguard your password and notify us of any security breach or unauthorized account use.
Do not use another user’s account without permission.
Do not disassemble, decompile, or reverse engineer the SaaS Service or instruct or assist anyone else in doing so unless such a restriction is prohibited by law.
Register your account as a human; "bots" or automated methods are not allowed.
You must be 13 years or older.
Use the SaaS Service lawfully and comply with applicable laws.
Payment and Renewal: You are responsible for timely payment of fees, and we will automatically charge your selected payment method for renewals. This is a subscription SaaS Service, and renewals are standard.
You are responsible for providing accurate billing information. We may suspend or terminate your use if fees become past due.
All fees payable by You are exclusive of applicable taxes and duties. You are responsible for taxes as required by law.
Cancellation: Cancellation at any time will sever access to the Site and SaaS Service immediately. Prorating subscription fees is strictly not practiced regardless of cancellation or renewal date.
Fee Revisions: We may revise fee rates with email notice at least thirty (30) days before renewal. We may increase or add new fees for any existing Service or Service feature by giving You 30 days' advance notice.
Refund Policy: Fees for paid accounts are non-refundable, except as required by law. We reserve the right to revoke refund privileges for abuse. Should You have any dispute regarding fees associated with Your account, contact us at management@easyaudiences.ai within 30 days of the activity that generated such dispute. Any refunds issued will be as credits to Your account; no cash refunds. Disputes older than 30 days are not entitled to refunds or credits.
Dispute Resolution: Should You have any dispute regarding fees associated with Your account, please contact us at management@easyaudiences.ai within 30 days of the date of the activity that generated such dispute. We will attempt to resolve the matter, and any refunds issued to resolve such a dispute will be as credits to Your account. Disputes older than 30 days shall not be entitled to refunds or credits.
Responsibility and Accuracy: EasyAudiences is not responsible for delivering inaccurate data and is not required to issue a refund or credit for invalid or inaccurate data delivered.
Avoid impersonating others or misrepresenting authorization.
Refrain from undermining the security or integrity of the Underlying Systems.
Do not misuse the SaaS Service to impair system functionality or hinder other users.
Only access, view, or copy authorized material, as necessary for proper SaaS Service use under these Terms.
Do not disrupt the SaaS Service or servers, and do not transmit harmful code.
Do not interfere with other users or encourage violations of these Terms.
Do not use the SaaS Service to transmit Data that breaches third-party rights or is objectionable, incorrect, or misleading.
Follow the terms of SaaS Service on the Website, updated by us periodically.
Do not modify the SaaS Service.
Do not access our private API without explicit permission.
Violation may lead to account termination.
Unauthorized use of the SaaS Services or Our Content, not explicitly allowed in these Terms, will result in termination of the license granted for SaaS Service and Site use.
We may suspend or terminate your account at any time without liability for various reasons.
Upon termination, all granted licenses and rights cease.
SaaS Service Termination: We reserve the right to stop offering or supporting the SaaS Service, permanently or temporarily, without compensation or refunds.
Termination: These Terms are effective until terminated by us at any time without notice. Restrictions and limitations survive termination.
Termination: We may terminate this Agreement at any time, with or without notice, for any reason.
Term, Termination and Suspension
The term ("Term") of this Agreement will commence once You accept this Agreement. The Agreement will remain in effect until terminated by You or EasyAudiences in accordance with this Section.
You may terminate this Agreement for any reason or no reason at all, at Your convenience, by closing Your account for any Service for which we provide an account closing mechanism.
We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason with no notice.
Effect of Suspension or Termination.
Upon our suspension of Your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by You, notwithstanding the suspension; (ii) You will remain liable for all fees, charges and any other obligations You have incurred through the date of suspension with respect to the Services; and (iii) all of Your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of this Agreement for any reason: (i) You will remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.
In the event this Agreement expires or is canceled or terminated for any reason, Sections 1.3, 2.4, 6, 7, 8, 9 and 10 and any applicable definitions will survive any such expiration, cancellation or termination.
We reserve the right to change these Terms and SaaS Services.
We will provide advance notice for significant changes.
Your use after effective date constitutes agreement to the changes.
We reserve the right to refuse SaaS Service access to anyone at any time.
Identity Verification: We may make necessary inquiries to validate and authenticate your identity. This process may incur a verification fee.
We reserve the right to remove, edit, block, or monitor Content or accounts violating these Terms, at our sole discretion.
Content Ownership and User Rights:
All materials within the SaaS Services are protected, and unauthorized use may violate laws and these Terms. No express or implied rights are granted to use such content.
You retain ownership of exclusively created content. While EA claims no ownership, we may access it for SaaS Service improvement.
You represent and warrant that you own or have the right to grant rights to posted content. We are not responsible for user content and may not always identify paid or sponsored content.
The Easy Audiences, Douglas James, and Easy Audiences, LLC names and logos are trademarks and may not be copied without permission.
SaaS Service interruptions may occur; you should maintain a backup of your content. We are not liable for modifications, suspensions, or discontinuations of the SaaS Services.
Advertising: SaaS Services may display advertising, subject to change without specific notice.
Service Use License: You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use the Services in accordance with this Agreement. New features enhancing current Services are subject to these terms. You may not reverse engineer, disassemble, decompile, or attempt to derive the source code of the Services.
Prohibited Actions:
You may not allow any unauthorized third party to access the Services or copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Services for any purpose.
When utilizing the Services, placing the EasyAudiences pixel on your website will collect user and consumer information on anonymous visitors. This data collection must be disclosed in your Privacy Policy. The recommended language is: "We may use EasyAudiences Services to obtain personal and non-personal information about You. This collection is triggered when you access our Website through a pixel placed on our Website. The Service may collect the following information when you interact with the page(s) on our Website where the pixel is present: (i) information about your web browser; (ii) your IP address, (iii) web pages visited; and (iv) cookies stored in your browser. We may use the data collected by EasyAudiences to obtain personal information about You and use this data for marketing to You. For more information about EasyAudiences’s data use and collection policies and practices and your opt-out rights, please review the EasyAudiences Privacy Policy."
Failure to comply with the above privacy notice obligations will be deemed a material breach of this Agreement.
We do not accept unsolicited content, ideas, or suggestions. If you send such materials, you grant us a royalty-free, irrevocable right to use them.
For user submissions, you grant us rights to use, modify, and distribute without compensation. We may use user submissions for any purpose and are not obliged to maintain confidentiality.
Any new features that augment or enhance current Services are subject to these terms and conditions.
In addition to our rights to terminate or suspend Services to You as described in Section 2 above, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to You, to suspend access to any portion of, or all of, the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). Without limitation to Section 6, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 9 below.
We respect Your right to ownership of content and data created or stored by You or on Your behalf by the Service (collectively, "Data"). You own the content and data created, stored or collected by You or on Your behalf by the Service. Unless specifically permitted by You, Your use of the Service does not grant EasyAudiences the license to use, reproduce, adapt, modify, publish or distribute the Data created by You or stored in Your user account for EasyAudiences's commercial, marketing or any similar purpose. While we strive to keep information You provide to us and we collect on your behalf secure, we cannot guarantee that we will be successful at doing so. Therefore, We make no representations or warranties that Your Data will be fully secured at all times and We are not responsible or Liable for loss of the same.
Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the EasyAudiences Properties; (iii) the EasyAudiences Marks; (iv) the EasyAudiences Services; and (v) any other technology and software that we provide or use to provide the Services and the EasyAudiences Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the EasyAudiences Properties, the EasyAudiences Marks or such other technology and software, except for the limited use and access rights described in this Agreement.
Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from EasyAudiences Properties, You reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data You may send to us or use as part of Your use of any Services ("Your Content"); and (ii) Your Applications.
In the event You elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the EasyAudiences Properties or the EasyAudiences Marks (collectively, "Feedback"), we shall own all right, title and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to EasyAudiences via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of EasyAudiences. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
During and after the Term of the Agreement, with respect to any of the Services that You elect to use, You will not assert, nor will You authorize, assist or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.
You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of Your Application and for Your Content, including without limitation, the accuracy, appropriateness and completeness of Your Data, privacy notice, and all product-related materials and descriptions; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Application and Your Content; (iii) that neither Your Application nor Your Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) that neither Your Application nor Your Content contains any harmful components; and (v) to the extent to which You use any of the EasyAudiences Marks, that You will conduct Your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of EasyAudiences. You also represent and warrant that You are responsible for any charges incurred by virtue of Your use of the Application, no matter whether the Application acted in error.
You represent and warrant that: (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) You are duly authorized to do business in the jurisdiction where You operate; and (iii) You are an authorized representative of Your entity duly authorized to access the Services and to legally bind You to this Agreement and all transactions conducted under Your account.
EasyAudiences PROPERTIES, THE EasyAudiences MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE EasyAudiences PROPERTIES, THE EasyAudiences MARKS, THE SERVICES OR PROMOTIONAL CREDITS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF HARMFUL COMPONENTS OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE EasyAudiences PROPERTIES, THE EasyAudiences MARKS, THE SERVICES OR PROMOTIONAL CREDITS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless EasyAudiences, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law including consumer privacy laws, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by EasyAudiences.
Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of EasyAudiences's or any third party's intellectual property rights and/or proprietary rights. You further acknowledge that our rights in the EasyAudiences Services, EasyAudiences Properties and the EasyAudiences Marks are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
By using the Services, You agree that the laws of the State of Missouri, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.
Arbitration. YOU AND EasyAudiences BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND EasyAudiences ALSO BOTH AGREE THAT:
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY SERVICES YOU RECEIVE FROM US WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
UNLESS YOU AND EasyAudiences AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN ST. LOUIS, MISSOURI. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US.
THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
IF EITHER YOU OR EasyAudiences INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO EasyAudiences SHOULD BE SENT AS REQUIRED BY THIS AGREEMENT. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND EasyAudiences ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN THIRTY (30) DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION 8.3.3 CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND EasyAudiences AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND EasyAudiences UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. YOU AND EasyAudiences ALSO AGREE THAT ANY DISPUTE HEREUNDER SHALL BE ADJUDICATED IN ANY STATE OR FEDERAL COURT IN ST. LOUIS, MISSOURI, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.
Notices made by Us under this Agreement for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via the email address provided to us in Your registration for the Services or in any updated email address You provide to us. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email.
For notices made by You to us under this Agreement and for questions regarding this Agreement or the Services, You may contact EasyAudiences by US Postal Mail at 4170 Manchester Ave, Suite 201, St. Louis, MO 63110.
Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, You agree that We can and will seek our legal rights as though You have taken the action Yourself. You agree that You shall be responsible and liable for the actions of any and all persons or entities that you authorize, assist, encourage or facilitate in relation to Services and this Agreement.
Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect.
Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the EasyAudiences Website and as may be modified thereafter and constitutes the entire agreement between You and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between You and us, whether written or oral, regarding such subject matter.
No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of Your Applications or Your Content.
No Agency. Nothing in this Agreement shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between EasyAudiences with you.
ELECTRONIC SIGNATURES. You acknowledges and agrees that by clicking on the button labeled "Agree" or such similar links as may be designated by EasyAudiences to accept the terms and conditions of this Agreement, You are submitting a legally binding electronic signature and is entering into a legally binding contract. You acknowledge that its electronic submissions constitute its Agreement and intent to be bound by this Agreement and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 ("E-Sign Act") or other similar statutes, You HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY US. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Privacy Policy is effective as of August 1, 2023
Registration Data: We collect your first and last name, and email address.
Credentials: We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Information: We collect your data necessary to process your payment if you make purchases, such as your payment instrument number (credit card number), the security code associated with your payment instrument, and the card holder name.
Brand Information: We collect your brand data necessary to provide you with purchased SaaS Services including name, website, phone number, niche, target audience details, offer, SaaS Services, unique selling points, objections, and rebuts.
Download Activity: We collect information regarding your downloading history, including downloaded data type and quantity.
Date and Time of User Activity: Date and time information are collected to process billing cycles, manage user credits, and supply notifications on completed downloads.
The information we learn from our customers helps us to personalize and continually improve your Easy Audiences experience. Here are the types of information we collect:
Information You Provide to Us: We receive and store any information you enter on our website or give us in any other way. You can choose to not provide certain information, but then you might not be able to take advantage of many of our features and SaaS Services. We use the information you provide for such purposes as responding to your requests, customizing your experience, improving our SaaS Services and platform, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many sites, we use “Cookies,” and we obtain certain types of information when your web browser accesses easyaudiences.ai or advertisements or other content served by or on behalf of Easy Audiences or other associated Websites.
Mobile: When you download or use apps created by Easy Audiences or our associated partners, we may receive information about your location and mobile device, including a unique identifier for your device. We may use this information to provide you with location-based SaaS Services, such as advertising search results, and other personalized content. Most mobile devices allow you to turn off location SaaS Services.
Email Communications: To help us make email from Easy Audiences more useful and interesting, we often receive a confirmation when you open email from Easy Audiences if your computer supports such capabilities. We also compare customer lists in an attempt to avoid unnecessary communication with our customers. If you do not want to receive e-mail or other mail from us you will always be able to opt-out or unsubscribe via instructions within the communications.
Information from Other Sources: We might receive information about you from other sources and add it to our account information.
We use the information we collect to:
To debug, or cap the frequency of messages.
Analyze use of the SaaS Services to understand, develop and improve our SaaS Services. Such as determining what content is most popular, which browsers are most used, and how long users spend on specific SaaS Services and Functionalities.
Otherwise support the internal operations of the SaaS Services.
Provide you with notifications pursuant to our legal obligations, including in the case of a data incident.
Provide you with SaaS Service and customer SaaS Service report messages.
Authentication: If you are signed in to Easy Audiences, cookies help us show you the right information and personalized experience according to your user preferences.
Security: We use cookies to enable and support our security features, and to help us detect malicious activity and violations of our user agreement.
Preferences, features, and SaaS Services: Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on Easy Audiences more easily. They also provide you with features, insights, and customized content.
Advertising: We may use cookies to show you relevant advertising both on and off the Easy Audiences site. We may also use a cookie to learn whether someone who saw an ad later visited and took an action (e.g. made a purchase) on the advertiser’s site. Similarly our partners may use a cookie to determine whether we’ve shown an ad and how it performed, or provide us with information about how you interact with ads. We may also work with a partner to show you and ad on or off Easy Audiences, as after you’ve visited a partner’s site or application.
Easy Audiences uses certain trusted third parties (for example providers of customer support and IT SaaS Services) to help us provide, improve, protect, and promote our SaaS Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions. Opt-In information will not be shared with unauthorized third parties.
Cancellation or Deactivation of Accounts: If you would like to request the cancellation or deactivation of your account, you should contact our Customer Support team for assistance. Cancellation or deactivation of your account does not ensure complete or comprehensive removal of the content or information you may have posted, downloaded, or otherwise made available publicly on the SaaS Service while you were registered as a user. You should also contact our Customer Support team to request deactivation of an account or profile you believe is fake or otherwise unauthorized.
How Long We Use Personal Data For: We will not keep your personal data longer than necessary, how long this is depends on several factors, including (1) why the data initially was collected (2) how old the data is (3) whether there is a legal or regulatory reason for us to keep it and (4) whether we need it to protect us or you.
Non-Optional Communication: We may send you SaaS Service and administrative emails and messages. We may also contact you to inform you about changes in our SaaS Services, our SaaS Service offerings, and important SaaS Service related notices, such as security and fraud notices. These emails and messages are considered part of our SaaS Services and you may not opt-out of these.
Optional Communication
Alternately, we may send you emails and or messages about new product features or other news about our SaaS Service. You can opt-out of these at any time.
Opting-Out of Optional Communications: There are several ways to stop these messages from us.
Click the “unsubscribe” link in any email communication to stop receiving emails from a particular division.
Text STOP to (970) 404-4312 to stop receiving texts.
Write to our Customer Support team.
Please note you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
As we continue to develop our Business and SaaS Service, we may be involved in a reorganization, merger, acquisition, or sale of our assets. Your information may be transferred as a part of that deal. Will notify you (for example, via a message or email associated with your account) of any such deal and out your choices in the event. Customer information remains subject to promises made in any pre-existing Privacy Notice (unless the customer consents otherwise). If all of Agency Assets or a substantial amount of its assets are acquired, customer information will be one of the assets transferred.
The following describes how we handle data for individuals under the age of 18 (“minors”) as required by U.S. law.
To comply with the Children’s Online Privacy Protections Act (COPPA) that helps protect minors on the internet. Under these policies we require user verification that they are at least 18 years of age or that parental consent is supplied.
Our SaaS Services are not designed for and are not marketed to people under the age of 18 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our SaaS Service. If you are a minor, please do not use our SaaS Services or send us your information.
We delete information that we learn is collected from a minor without verified parental consent. Please contact us using management@easyaudiences.ai if you believe we might have information from or about a minor.
We do not offer different account types. Accounts that have parental consent will have access to the same SaaS Services. If consent by a legal guardian, or confirmation of a minimum age of 18 is not provided a minor will not have access to our SaaS Service.
Questions, comments, and requests regarding this notice or the information that we collect from you are welcomed and should be addressed to our Customer Support team via management@easyaudiences.ai.
Information That We Collect and Use in Our Services
To provide our Services, we receive data, including personal information, from a variety of sources, including from websites and apps that collect the information, public sources, and other data compilers. We refer to the information that we collect and process throughout this Privacy Policy as “Information” or “the Information.”
The Information in our database includes various identifying information, such as:
Some of the above information may be inferred – for instance, if a household is in a particularly wealthy area, we might infer a particular income range.
We may combine any of the points of Information we collect or receive with other Information.
EasyAudiences also receives information through this website (and any other website we operate), and our business operations. EasyAudiences uses the Information for various purposes, including the following.
As Part of Our Services
Data Marketing Services. Our Services include providing marketing information to our customers, generally regarding which customers or prospective customers are most likely to be interested (or disinterested) in certain offers. We also help our customers identify and understand their customers better, by providing insights about them. Our customers include (but are not limited to) small and medium-sized businesses, ad and media agencies, brands and marketing data platforms that help their customers to market and advertise to their own customers (and prospective customers). Our customers also may include other data compilers, who work with their own customers.
Retargeting Services. We sometimes help our customers to “retarget” marketing content to website visitors. In particular, our Services help customers send emails to people who visited or logged in to their websites by cross-referencing information such as cookie identifiers and emails for those purposes.
Additional Marketing Services. Other Services we may provide to our customers (or help them to provide to their own customers), which may supplement the above Services, may involve (a) assisting customers to target and optimize email campaigns, display, or other marketing; (b) measuring how effective marketing campaigns have been, by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases; (c) analyzing and optimizing our customers’ (or their service providers’) proprietary databases; (d) helping customers to detect and prevent fraud and provide “validation” or data hygiene services, e.g., by verifying or removing or correcting old, incorrect or outdated information or evaluating whether an email address recently has been active.
To Operate Our Services
We also use the Information described above for our own internal purposes – such as to improve, test, update, and verify our own database; develop new products; operate, analyze, improve and secure our Services and our databases and servers.
Your Marketing and Opt-Out Choices
There are multiple ways that you can opt-out of having the Information used to market to you:
EasyAudiences and its business partners use certain industry-standard technologies, including cookies and similarly functioning technologies, which we describe below. We and/or our service providers use these technologies on our website, for instance, and our partners may use these technologies in their own marketing services.
We may work with third parties or service providers to provide or enhance our services (e.g. for purposes of tailoring ads, or placing browser cookies), or to offer marketers ways to access or use our Information, often in de-identified form. These partners may set and access their own cookies, pixel tags, and similar technologies on your browser, which may have cookies with varying expiration periods. Those partners may likewise collect various types of information about your browser, device, or browsing activities through use of these cookies.
Cookies, in turn, are small data files that contain a string of characters, such as a unique browser identifier. Cookies are stored on your computer or other device and act as tags that identify your device. Our (or other companies’) servers send your device a cookie when you visit a website. A pixel tag (also commonly known as a web beacon or clear GIF) is an invisible 1 x 1 pixel that is placed on certain web pages. When you access web pages (such as the website of a marketer), pixel tags may generate a generic notice of the visit and permit our partners (or sometimes, us) to read the cookies that a respective company or server has deployed. Pixel tags are used in combination with cookies to track the activity on a site by a particular device. When you turn off cookies, pixel tags simply detect a given website visit.
We, or our service providers, and other online marketing platforms that we or they work with, may use cookies to, among other things, “remember” you, determine visitor patterns and trends, collect information about your activities on our clients’ sites, or interact with the advertising you see. Cookies are used in this way to provide relevant content to you and replace non-relevant communications with ads that better match your interests.
Most web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of our website and other services may be difficult to use or become inoperable.
We use the Information we collect through our website(s) to do the following:
We may combine the Information with other information we obtain from third parties, publicly available sources, and any other product or service we provide to further improve the relevance and effectiveness of products, and advertisements offered, including (but not limited to), those provided on or through our services.
We may use IP addresses to help diagnose problems with our servers and to administer our website(s). We may also use IP addresses to help identify visitors to our website(s) for the duration of a session and to gather demographic information about our visitors. We may use clickstream data to determine how much time visitors spend on each web page of our website(s), how visitors navigate through the website(s), and how we may tailor our website(s) to better meet the needs of our visitors. We also use this Information for compliance with our legal obligations, policies and procedures, including the enforcement of our Terms and Conditions.
If we collect Information from “offline” sources — such as if you provide us your business card at a trade show — we will maintain that information and use it for marketing and business purposes as well.
We may sometimes share or otherwise disclose the Information we collect about you, as described in this Privacy Policy or otherwise disclosed to you when you provide us with the information, including as follows:
This website may provide links to other websites that EasyAudiences thinks users may be interested in. EasyAudiences is not responsible for the privacy practices of these other sites or companies.
EasyAudiences takes steps to help ensure that the data we possess is housed and transmitted securely. This may include various types of physical and electronic security, including firewall protections, encryption, hashing or truncation of data, and access controls to personal information. However, you should be aware that neither we nor any platform can guarantee 100 percent safety from hacks or illegal intrusion.
From time to time, we may update this Privacy Policy. Any changes to it will become effective when it is posted to our website. Please check back to learn of any changes to this Privacy Policy.
If you are accessing our website from outside of the United States, your connection likely will be through and to servers located in the United States and all Information you provide will likely be processed and securely maintained in our web servers and internal systems located within the United States (we generally store the Information used in our Services in the United States). Thus, you should be aware that in accessing this website or otherwise communicating with us, the information we collect or receive from you may be subject to laws with lesser or different privacy standards than those in your own country (such as if you are in a country located in the European Union).
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