These Terms of Service (“Terms”) govern access to and use of the Convertfy service (“Service”) provided by Convertfy S.L. (“Convertfy”, “we”, “us”), a company incorporated in Spain with its registered office at Urb. La Giralda 8, 11300 La Línea de la Concepción (Cádiz), Spain. By creating an account or using the Service, the customer (“you” or “operator”) agrees to these Terms. If you use the Service on behalf of an organisation, you confirm you are authorised to bind it.
1. The Service
Convertfy provides a conversion-recovery platform comprising a back-office dashboard and an embeddable SDK that displays on-site messages, runs on-page content experiments, and measures campaign performance. We may update, improve or change features of the Service over time.
2. Accounts
You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account and for your team members’ use. Sign-in and identity are managed through our authentication provider.
3. Acceptable use
You agree not to, and not to permit any third party to:
- use the Service in violation of any applicable law or regulation, including gambling, advertising, consumer-protection, and data-protection laws;
- install the SDK on any website you are not authorised to operate, or on any site directed at children;
- use the Service to display unlawful, deceptive or infringing content, or to target individuals in a manner that is unlawful in their jurisdiction;
- interfere with or disrupt the integrity or performance of the Service, attempt to gain unauthorised access, or circumvent rate limits or security controls;
- misrepresent conversions or otherwise submit data you know to be false.
You are solely responsible for the content of your campaigns and experiments and for ensuring your use of the Service complies with the rules of any market and licensing regime you operate under.
4. Your data and privacy
Your use of the Service is also governed by our Privacy Policy and, for personal data processed on your behalf, our Data Processing Agreement. You are the controller of the visitor data the SDK collects on your sites and are responsible for providing notice to, and obtaining any required consent from, your visitors (see the DPA and the suggested clause on the Sub-processors page).
5. Fees
Fees, billing cycle and payment terms are set out in the Order Form or other commercial agreement between you and Convertfy. Fees are exclusive of taxes, which you are responsible for where applicable. If undisputed fees remain unpaid 15 days after written notice, we may suspend the Service until payment is received.
6. Intellectual property
The Service, including the SDK, dashboard, and all related software and documentation, is and remains the property of Convertfy and its licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Service and to embed the SDK on your authorised websites for the term of your subscription. You retain ownership of your own content and data. You grant us the rights necessary to host and process your data to provide the Service.
7. Service availability
We aim to keep the Service available but do not warrant uninterrupted or error-free operation, and the Service is provided without a service level agreement. We may suspend access where necessary for security, maintenance, or to address a violation of these Terms.
8. Third-party services
The Service relies on third-party infrastructure providers listed at Sub-processors. Their availability and terms are outside our control.
9. Warranties and disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any particular conversion, revenue or performance outcome.
10. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or exemplary damages, or for lost profits, revenue or data. Our total aggregate liability arising out of or relating to the Service is limited to the fees paid by you to Convertfy in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.
11. Indemnity
You will indemnify and hold Convertfy harmless from claims arising out of your content, your websites, your use of the Service in breach of these Terms, or your failure to provide required notices to or obtain required consents from your visitors.
12. Term and termination
These Terms apply from the date you first accept them or use the Service. Either party may terminate for convenience on 30 days’ written notice, and either party may terminate immediately if the other materially breaches these Terms and fails to cure the breach within 15 days of written notice. On termination, your right to use the Service ends, fees accrued remain payable, and we will handle your data as described in the Privacy Policy and DPA.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified through the Service or by email at least 15 days before they take effect, and the version number and effective date above will be updated. Continued use after changes take effect constitutes acceptance.
14. Governing law
These Terms are governed by the laws of Spain. The courts of the city of Convertfy’s registered office have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, without prejudice to any mandatory consumer protections.
15. Contact
Convertfy S.L. Urb. La Giralda 8, 11300 La Línea de la Concepción (Cádiz), Spain Email: legal@convertfy.io