Terms of Service

1. Eligibility and Authority

You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2. Accounts; Account Security; Electronic Communications

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

By creating an OfferTermz account, you consent to receive electronic communications from OfferTermz (e.g., via email or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

4. Our Services; License

Our Services may allow you and other users to create, post, store and share content, including email, text or SMS messages, photos, videos, software and other materials (collectively, "Content"). Except for the license you grant below, you retain all rights in and to your Content. You grant OfferTermz a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services.

You may not create, post, store or share any Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.

5. Prohibited Conduct

5.1 Prohibited Activities

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct
• Impersonate any person or entity or falsely state or misrepresent your affiliation with such a person or entity
• Use or attempt to use another user's account without authorization
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass measures employed to prevent or limit access to any part of our Services
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

5.2 Compliance with Laws

You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including those that relate to privacy and data protection and to the sending of electronic communications. You further represent and warrant that you have a lawful basis for processing and sending content and communications to your customers and contacts. You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own contacts.

6. App Availability & Account Access

The OfferTermz mobile app is free to download and install. No payment is required to download or use the app itself.

Access to certain features within the app may require a separate OfferTermz account. Account management is handled outside of this application. No purchases are made within the app.

7. Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "OfferTermz Content") are owned by or licensed to OfferTermz and are protected under both United States and foreign laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and OfferTermz Content for your own personal use or, if you are a business, to communicate about your business with your contacts. Any use of our Services or OfferTermz Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

8. Third Party Content and Services

We may display content, advertisements and promotions from third parties through the Services. We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content. Your interactions with third parties providing Third Party Content are solely between you and such third parties.

9. Feedback

Any questions, comments, suggestions, ideas, or other information you submit about OfferTermz or our products or Services (collectively, "Feedback") is non-confidential and will become the sole property of OfferTermz. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless OfferTermz, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees from and against any loss, liability, claim, demand, damages, expenses or costs arising out of or related to (a) your access to or use of our Services; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another; or (e) your conduct in connection with our Services.

11. Disclaimers

12. Limitation of Liability

13. Dispute Resolution; Binding Arbitration

Except for small claims disputes, you and OfferTermz waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration.

You and OfferTermz agree that any dispute arising out of or related to these Terms or our Services is personal to you and OfferTermz and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred.

14. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

15. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Last Updated" date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.

16. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

17. Miscellaneous

These Terms constitute the entire agreement between you and OfferTermz relating to your access to and use of our Services. The failure of OfferTermz to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Phone: (812) 550-2264
• Website: offertermzapp.com/support