General Terms and Conditions
This document details the Terms and Conditions for the use of the services provided by INFLUNIC LLC (hereinafter called Influnic) on the web site influnic.com, and complementary channels such as email, phone, live chat and others which may support services purchased or otherwise acquired on said web site.
Hereinafter, these Terms and Conditions may be referred to as “Terms and Conditions”, “Agreement”, “Terms of Service”, lowercase and uppercase, plural or singular may be indistinctly used.
Hereinafter, the individual acquiring and/or using the services provided on influnic.com may be referred to as “the client”, “the user”, “you”, “the end user”, “the subscriber”, lowercase and uppercase, plural or singular may be indistinctly used.
Hereinafter, the services provided on influnic.com, including this web site and its functionalities, may be referred to as “services”, “the services”, “our services”, lowercase and uppercase, plural or singular may be indistinctly used.
Refunds Policy
Our refund and returns policy lasts 15 days. Unless otherwise stated on the product/service page or checkout page. If 15 days (or the period stated on the product/service page or checkout page, where applicable) have passed since your purchase, we can’t offer you a refund.
There are certain situations where no refunds granted:
- Your subscription to a service was cancelled or rejected due to a violation of these Terms and Conditions
There are certain situations where only partial refunds are granted:
- When the free trial for a subscription has ended, we can only provide a refund of the sing-up fee -when applicable according to these Terms and Conditions-. We do not refund any periodical payment made. You may cancel your subscription at any time, and before the free trial period ends.
Refunds
To obtain a refund for the sing-up fee of a subscription to one of our services, you must provide proof that said subscription has been cancelled or rejected for reasons not stipulated on these Terms and Conditions, or otherwise you are unable to use it for causes not included in these Terms and Conditions, and which are imputable to Influnic.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at info@influnic.com.
Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
Service Terms and General Conditions
By subscribing to one of our services you accept to comply with these Terms and Conditions, specifically:
- For the services that require the user to add data such as names, domain names, and other plain or rich text data, you will abstain from including harmful, illegal, prohibited, obscene, defamatory, or otherwise distasteful content, and accept that your subscription may be cancelled or rejected, at the sole discretion of Influnic, loosing, as a result, any refund you may have been eligible to, regardless of when and how said content is detected by Influnic.
- Examples of harmful content are those that might be mistaken as content produced by Influnic and not the client, or content that might cause financial, reputational, technical or any other type of damage to Influnic, or to its partners, providers, subsidiaries and other clients. As an example, a subdomain chosen for the QuickWeb service that might be mistaken to be an Influnic subdomain instead of a client subdomain, such as www or admin.
- Examples of illegal and prohibited content are those that encourage the the commission of a crime or any illegal activity in the United States.
- The classification of any content as distasteful is at the sole discretion of Influnic, as a guidance, do not include any content supporting dictatorships, authoritarian regimes, racist or segregationist ideologies, and sexual or erotic content.
- The use of the services is at your sole risk, in general, all services are provided on an “as is” and “as available” basis, without warranty of any kind. Influnic shall do its best to provide the most stable and secure service possible, but Influnic does not commit to any specific SLAs, SLOs, KPIs, or any other availability, quality or security commitment, except those required by law. Some services might provide specific warranties, which are detailed on each service page.
- Support for Influnic services is only available in English and Spanish, via email.
- You understand that Influnic uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the services.
- You must not modify, adapt or hack the services or modify another website so as to falsely imply that it is associated with the services or Influnic.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services, or access to the services without the express written permission by Influnic.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Influnic customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
- Transmissions over various networks, and
- Changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code, program or any other piece of technology of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Influnic) of other Influnic customers, we reserve the right to immediately disable your account or throttle your sites or services, until you can reduce your bandwidth consumption.
- Influnic does not warrant that
- The services will meet your specific requirements
- The services will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the services will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and
- Any errors in the Service will be corrected.
THE TERMS SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WHATSOEVER, WHETHER STATUTORY, COMMONLAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND SATISFACTORY QUALITY. YOU EXPRESSLY WAIVE ANY RIGHTS THAT IT MIGHT OTHERWISE HAVE.
- You expressly understand and agree that Influnic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Influnic has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the service
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third-party on the service
- Or any other matter relating to the service.
- The failure of Influnic to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and Influnic and govern your use of the services, superseding any prior agreements between you and Influnic (including, but not limited to, any prior versions of the Terms and Conditions). You agree that these Terms and Conditions and Your use of the services are governed under Delaware law.
- You agree to indemnify, defend, and hold harmless Influnic, its officers, employees, agents, successors, and assigns, against all claims and suits by third parties for damages, injuries to persons (including death), damage to property, loses, and expenses including reasonable attorney’s fees, arising out of or from Your use of Influnic’s products and services, including all acts by Customer pursuant to this these terms and conditions.
- If any provision herein, or the application of such provision to any person or circumstance, shall be held invalid by a court or arbitrator, the remainder of the terms herein, or the application of such provision(s) to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The remaining terms shall be construed consistently with the terms and stated objectives herein to best give effect to the parties’ intent.
- The parties agree that any dispute between them relating in any way to the terms herein shall be subject to mandatory and binding arbitration. Such arbitration shall be conducted by an arbitrator mutually agreeable to the parties and pursuant to the procedural rules of the American Arbitration Association (the “AAA”), though the arbitration need not necessarily be conducted through the AAA. In the event the parties cannot agree to a single arbitrator, each party shall select an arbitrator and the two arbitrators shall select a third, and the subject arbitration shall be conducted by the three arbitrators. All costs for such arbitration shall be shared equally among the parties (with the exception of attorney’s fees, which shall be borne by the party incurring such costs), and the prevailing party shall be entitled to an award of costs and fees against the non-prevailing party. In the event this clause is held invalid or unenforceable, the parties agree that the sole and exclusive jurisdiction for any lawsuits related to this agreement shall be in the United States District Court for the District of Delaware or the state courts sitting in Wilmington, Delaware.
- THE PARTIES HERETO AGREE THAT ANY CLAIMS BY OR AMONG THEM SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND EACH OF THE PARTIES EXPRESSLY WAIVES THEIR RIGHT, IF ANY, TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION CONCERNING ANY CLAIMS BY OR AMONG THEM.
- The relationships between the parties is also governed, as applicable, by either an Influnic subscription or the use of an specific Influnic service. These Terms and Conditions and the applicable terms for each service and subscription shall be read and interpreted together.
- Questions about the Terms and Conditions should be sent to info@influnic.com
Data Terms
- You are responsible for all data added to Influnic systems, you may not add any data, be it in the form of plain or rich text, images, videos, documents or any other, that go against the property of third parties, or that violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- All data added to Influnic systems by you, except your personal, contact and billing data, is to be considered public data, therefore Influnic is not to be held liable of any leaks, disclosures or any legal responsibilities derived from adding private or confidential data to our systems. You may use the Influnic services and systems to store data, including those that provide authentication and authorization methods, without warranty of any kind.
Account Terms
- You must be and adult under the applicable laws of your country to use our Services
- You must be a human. Automated methods to register and/or operate an account are not allowed, this include the user of any “bot” or APIs (Application Programming Interfaces)
- You must provide your name, a valid email address, and any other information requested in order to complete the registration process.
- You are responsible for maintaining and managing the security of your account and password. Influnic cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs under your account, including the use, promotion and all business carried out using our services.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Cancelation & Termination
- You are solely responsible for properly cancelling your account and/or any services associated with it.
- You can cancel your subscriptions to services by accessing the customer portal
- You can request to cancel your account by emailing info@influnic.com
- The data associated with your subscriptions will be kept until the end of your last-payed period, afterwards, it will be deleted in a period ranging from 3 days to 1 week. You may request to resume your subscription by emailing info@influnic.com if your account data has not been deleted yet.
Modifications to the services
- Influnic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) with or without notice.
- Influnic shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any of the services.
Copyright & Content Ownership
- Influnic provides, trough some of its services, access to platforms where you may install third-party plugins, add-ons and other content (e.g. WordPress plugins and themes). The use you make with or to those assets falls completely under your responsibility. Influnic is not to be held liable for any violation on your part to the third-parties’ providers terms of service, privacy policies, contracts, agreements, obligations, or any other commitment you have made with or without the intention, but in any case, resulting on the incorporation of the third-parties content into the Influnic-provided platforms.
- Influnic provides, trough some of its services, pre-installed third-party plugins, add-ons and other content (e.g. WordPress plugins and themes) -hereinafter called “assets”-. It is not to be considered or assumed that Influnic maintains any relationship with the publishers, owners, sponsors, executives, employees, or any other official of said third-parties, even if Influnic recommends or encourage the use of said assets. The third-party assets are included solely for convenience purposes and Influnic reserves the right to replace and/or remove any of them at any given time, with or without notice. In general, all assets included in our services are free and do not require a licence for its use, unless otherwise specified.
- You shall defend Influnic against any claim, demand, suit or proceeding made or brought against Influnic by a third-party alleging that Your Content, or Your use of the services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Influnic for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Influnic in connection with any such claim, demand, suit or proceeding; provided, that Influnic
- Promptly gives You written notice of the claim, demand, suit or proceeding
- Gives You sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Influnic of all liability), and
- Provides to You all reasonable assistance, at Your expense.
- You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Influnic.
Quickweb
Exclusive Plugin Terms and Conditions
Exclusive plugins refer to plugins that can be acquired through the purchase of a plan under any of our offerings or through direct purchase via any of the channels enabled by Influnic, both presently and in the future, whether bundled or purchased separately. It is important to understand the terms and conditions associated with these exclusive plugins:
- Pricing Modification: Influnic reserves the right to modify the pricing of exclusive plugins at its sole discretion. This includes the possibility of offering these plugins for free under special promotions.
- Notification of Pricing Changes: In the event that an exclusive plugin, previously subject to a purchase fee, is made available for free as part of a promotion, Influnic will notify its customers of this change through appropriate channels.
Please note that these terms and conditions are subject to change, and it is advisable to periodically review them for any updates.
By purchasing or using exclusive plugins from Influnic, you agree to abide by these terms and conditions. Failure to comply may result in the termination of access to the exclusive plugins or other applicable actions.
For any legal inquiries or concerns, please contact our legal department at info@influnic.com.
Services Plan Changes Terms and Conditions
Changes to some Services plans entail specific terms and conditions that customers should be aware of:
- Minimum Delay: Upgrades to some Services plans will involve a minimum delay, which will be specified on the service page containing the change options. Please note that the actual total time required for the change may vary depending on the extent of changes and any additional services requested.
It is essential to acknowledge and agree to the following:
- The minimum delay is a standard processing time and may be subject to change based on various factors.
- The total time for changes and enablement of additional services is dependent on factors such as the complexity of the changes and the amount of additional services.
Influnic aims to process changes as efficiently as possible while maintaining the integrity and security of the infrastructure.
Please be aware that these terms and conditions are subject to change, and it is advisable to periodically review them for updates.
For any legal inquiries or concerns, please contact us at info@influnic.com.
By initiating a change to your Services plan, you acknowledge and agree to adhere to these terms and conditions.
Contact
info@influnic.com
@influnic