LITE Terms & Conditions

This transaction is executed and entered into by and between RTB Digital Media Corporation, DBA Improvado.io (“Improvado.io”) and Customer Name as of the date signed below (“Effective Date”) and is governed by Improvado’s Master Services Agreement, signed by both parties on ___________ and which are hereby incorporated by reference into this Order Form. This signed Order Form together with such Terms of Service are collectively referred to as the “Agreement”.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter hereof. If there is a conflict between the terms in this Order Form and the terms in the Master Services Agreement, the terms in this Order Form control, except where a section of this Order Form expressly states the terms of the Master Services Agreement shall control.

This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same document. Upon signature by Customer and acceptance by Improvado, this Order Form together with the Master Services Agreement shall become legally binding. Subscriptions are non-cancelable before their order End Date except as otherwise detailed in the Order Form or Master Services Agreement.

Upon the expiration of the original term or any renewal term, service term shall be renewed automatically for additional two (2) years unless either party gives written notice to the other at least sixty (60) days prior to the expiration of any term.

Welcome to the Improvado Website. By using the Improvado Website YOU AGREE TO BE BOUND BY ITS TERMS OF USE (explained below), PRIVACY STATEMENT and all disclaimers and terms and conditions that appear elsewhere on the Improvado site. The policies of Improvado Products or services may differ substantially from those applicable to your use of the Improvado website.

References to Improvado herein refer to Improvado, Improvado.io, affiliates, subsidiaries, partners and designees of Improvado.

Questions regarding this Policy should be directed to the following address:
Improvado
2800 Leavenworth St, Suite 250,
San Francisco,
CA 94133
support@improvado.io
Improvado reserves the right to make changes to the Improvado website and these Terms of Use and Privacy Statement at any time. Each time you use the Improvado website, you should visit and review the then current Terms of Use and Privacy Statement that apply to your transactions and use of this site. If you are dissatisfied with the Improvado website, its content or Terms of Use and Privacy Statement, you agree that your sole and exclusive remedy is to discontinue using the Improvado website.
Electronic CommunicationsYour use of the Improvado website, and your email(s) and/or text message(s) to us, are electronic communications by you to Improvado. You consent to receive communications from Improvado in electronic form. We will communicate with you by e-mail, by posting notices on this and other websites, text or other mobile message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

We encourage you to read our Privacy Statement to make an informed decision when using the Improvado.io website. The Privacy Statement is incorporated herein by reference.

Website Uses and Restrictions

Your permission to use the Improvado website is conditioned on your agreement that:you are at least 18 years of age;you have read and agree to the Improvado website Terms of Use and Privacy Statement and will comply with all obligations and restrictions;you are able to, and authorized, to create a binding legal obligation;your agreement, acknowledgement and acceptance for the purchase of, or agreement for, any product, services, terms, conditions, pricing, and/or restrictions may be evidenced by clicking: I Accept, I agree, Save, Complete, Submit, or Purchase and you agree that such an action will be considered and treated the same as though you physically signed such purchase or other agreement pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. Secs 7001, et seq.,you will use the website for your own use and will not provide information about any other person or that is inaccurate and/or incomplete or otherwise conduct fraudulent activities;you will not tamper with the site.

Website Transactions

Any Product or service transactions available through the Improvado Website (.Transaction(s).) are subject to the Improvado Terms of Use, Privacy Statement, and all disclaimers and terms and conditions that appear elsewhere on the Improvado site. The Transactions may include limitations on dates, times, services, or availability indicated in the details, specific terms, or related electronic communication you receive from Improvado. You agree that all Transactions are non-refundable, unassignable, non-transferrable, and may be further limited by the Transaction details. Subject to availability and in Improvado sole discretion, you may be able to pay for your Product or service Transaction with major credit cards issued in the United States of America. Credit and debit cards will be charged at the time order is placed and card is authorized.

Validating Your Transaction

After you place an order, Improvado will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Subscriptions

If you purchase a subscription to the platform, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through our website, payment links, or via emailed invoice:

1. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.

2. You can cancel subscriptions at any time by contacting support@improvado.io or using the Crisp messaging widget on the lower right corner of the site.

3. If you cancel a subscription you will still have access to the platform you subscribed to through the end of the subscription period.

Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Improvado reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Intellectual Property

The Improvado website, and all content contained therein, is intellectual property, including but not limited to copyright, trademark, trade dress, trade name, service mark, and trade secrets, owned by Improvado in the US and/or other countries. ANY COPYING, DISTRIBUTING, POSTING, LINKING, OR OTHERWISE MODIFYING THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Improvado IS PROHIBITED.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Improvado, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS), SERVICE, PRODUCTS OR TRANSACTIONS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN .AS IS. AND .AS AVAILABLE. BASIS. Improvado HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL Improvado, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL Improvado. LIABILITY IN CONNECTION WITH A TRANSACTION OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH TRANSACTION, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

Errors on Our Site and Digital Millennium Copyright Act Notice (DMCA)

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Improvado reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and whether or not you have been charged.If you believe that any material on, in, or connected to the Improvado website constitutes copyright infringement, you shall provide Improvado with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Improvado. DMCA Agent for notice of claims of copyright infringement is:
Improvado.
2800 Leavenworth St, Suite 250,
San Francisco,
CA 94133
support@improvado.io