Terms and Conditions
This summary highlights the major points in our Terms & Conditions. We still advise you to read the whole document since you’re agreeing to all of them.
You are agreeing that:
- You're at least 18 years old.
- You will provide us with truthful information when you register.
- You'll pay the fees due on time (in advance for each month) and notify us if there’s a change in your contact information.
Cancel your account at any time.
Upgrade and downgrade at any time.
Change the Terms of Service in the future (we'll notify you if we do)
Change our services or stop offering them (we'd give you 30-day notice first)
Your business data (also, GDPR):
- All information our service accesses and processes from your website remains yours entirely and we do not share it with third parties. Only you and the people you invite in the project see the data. The only exception is when you report a problem or need assistance reading the data in which case we take your request as permission to access your data in order to investigate.
- Your data is securely stored on Amazon Web Services servers.
- OMG.ROCKS is a Data Processor according to the General Data Protection Regulation. Reach out to our support team to sign a Data Processing Agreement.
- OMG.ROCKS is not using customer data for any purpose other than fulfilling the requested analytical and segmentational purposes requested by you (the Data Controller).
- We're fulfilling customer GDPR requests within 10 business days to leave you enough room to fit within the 30-days legal period.
1. This Service
OMG.ROCKS (Service) is provided by DIGECTO LTD (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Renewals and Cancellation
4.1 Your account will renew (and therefore we'll charge your credit card) every month on the date that you provide your credit card on the Billing screen.
4.2 You may cancel your account or accounts at any time.
4.3 Cancellation can be done either by clicking "Cancel account" in Billing or emailing our Sales Support at sales@OMG.ROCKS.com
4.4 No refunds will be provided for remaining unused days under a monthly account or accounts.
4.5 For 12-month accounts (where offered), no refund will be offered for all complete remaining months of the service not used.
5. Technical Support
5.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
5.2 We reserve the right not to provide a full technical support service to free or trial account users.
6. Specific Service Rules
6.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
6.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of 50EUR for each and every individual email or other communication sent to a user or third party.
6.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
7. Content & Data Ownership
7.1 As a user you retain all ownership rights to content and data provided by you or your eCommerce platform. OMG.ROCKS is hosting this data on it's own servers (or cloud servers that belong to third party providers) encrypted and secured.
7.2 OMG.ROCKS doesn't share your data (including customer profiles, orders and etc.) with any third party companies and individuals.
7.3 OMG.ROCKS employees have the right to access your data (with your written approval) if neccessary to fulfill a support request.
7.4 You warrant that any content and data provided by you does not belong to a third party whose rights have been violated by the content or data being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from OMG.ROCKS.
7.5 You warrant that any content and data provided by you does not belong to a third party whose rights have been violated by the content or data being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
8.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
8.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clause 11.
9. Access and Performance
9.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
10.1 We are not responsible for the accuracy of any content on the Service.
10.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
11. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Bulgarian law and shall be subject to the exclusive jurisdiction of the Bulgarian Courts.