Hood Special Terms and Conditions
Latest update 24.08.2021.
PLEASE READ THESE SPECIAL TERMS AND CONDITIONS (“SPECIAL TERMS” OR “SPECIAL AGREEMENT”) CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR HOOD SERVICES, YOU AGREE TO BE BOUND BY THESE SPECIAL TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or the applicable entity to these Special Terms; (ii) you have read and understood this Special Agreement; and (iii) you agree on behalf of the party that you represent to this Special Agreement. If you DO NOT HAVE THE LEGAL AUTHORITY to bind your employer or the applicable entity, please DO NOT click the “I Accept” button below (or, if applicable, do not sign this Special Agreement).
These are the Special Terms that apply to the use, by Users, of the Ocamba Hood App
1. Parties to the Special Agreement
Hood is an Ocamba App, a product of company “Del Systems d.o.o.” incorporated and registered in Serbia, with offices at Dragiše Mišovića 163B, 32000 Čačak, Republic of Serbia (“Del Systems” or “Company” or “We”). References in these Special Terms to “Customer”, “your” or “you” are to the person/entity who accepts these Special Terms and agrees to create accounts and use the Services as set out in and under these Special Terms and General Terms and Conditions. You and Del Systems shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.
2. Definitions and Interpretation
Any capitalized but undefined term in this Terms shall have the meaning given to it in the Section Definitions of the General Terms and Conditions.
The following words and expressions used in these Special Terms shall have the following meaning, unless they are inconsistent with the context:
|“Advertising Material”||means the text, graphics, logos, designs, trademarks and copyrights for any type of advertising created by a User and any other advertising materials containing a hyperlink.|
|“Applicable Law”||means the governing law determined under the General Terms and Conditions or regulations of other territories or jurisdictions (as the case may be) and as may be amended from time to time.|
|“Inappropriate Content”||means but is not limited to content which promotes violence, promotes discrimination, promotes illegal activities, aimed at political ends, both party political advertising and political advocacy by non-partisan groups, infringes the Intellectual Property Rights of any person, involves malware, viruses or fishing offers or violates advertising regulations or rules of conduct, such as but not limited to advertising for or in connection with medicinal products for the purpose of the treatment, prevention or diagnosis of any disease.|
|“Ocamba Services”||means making Ocamba available in any version, in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools. Furthermore, it means the applicable Core Services and Other Services provided by Del Systems and used by User under this Agreement, available within service packages the Customer can choose when subscribing for particular Application/Module offered through Ocamba App Store.|
|“Hood App” or “Hood”||means a user engagement and web analytics App of Ocamba which allows you to send mobile push and web push personalized messages and to tracks and reports website traffic, i.e. the Hood Services.|
|“Source Codes”||means Del System’s source codes required to allow Implementation.|
|“Hood Services” or “Services”||means the services provided by Del Systems delivered through Hood App which include:|
|“Push Subscriber”||means a person who accepted to receive push notifications from the Customer using Hood App.|
|“Report”||means the web analytics results for a Customer’s Website available at Customer’s profile on Ocamba App.|
|“Uploaded Material”||means any material, data or information, provided, generated, transmitted, or uploaded to Hood by User.|
|“Visitor”||means a person who visits Customer’s website.|
3. Accessing Hood
Hood is a part of Ocamba platform designed for anyone who want to achieve constant user engagement with their audience. Hood App allows you to send personalized messages, and stimulate your users to engage with your brand, attract more customers with relevant touchpoints and bring your business back to life with:
- real - time updates,
Hood App also allows you to measure web site traffic, as well as activity and behavior on your website, and to access, view and download the Report.
You will be able to access Hood App by using your account for all Ocamba Services (hereinafter “Account”).
4. Accessing other Ocamba Services
Your Ocamba Account will allow you to access all Ocamba Services if an upgrade is made. Use of other Ocamba Services may require acceptance of terms of service specific to such Ocamba Service. You must read, understand and accept the Service specific terms before using the corresponding Ocamba Service.
5. Usage Limits for Hood
Del Systems may prescribe usage limits for Hood App based on the Paid Plan chosen by you. You must make sure that your usage is within the usage limits prescribed by Del Systems in order to avail uninterrupted Services or you can purchase new Paid Plan in accordance with General Terms and Conditions. You understand that Del Systems may restrict an activity if you reach the usage limit corresponding to such activity.
6. Hood Services
In order to become a User of Hood and use the Services you must register and create an Account in accordance with General Terms and Conditions.
By becoming a User and/or using Hood App you agree to be bound by these Special Terms which represent a binding legal contract between the Parties and is an integral part of the Agreement.
Del Systems is not obliged to review or approve any website that has been submitted on the Platform, nor will it be liable for such a website. The Customer has sole responsibility and shall be liable for any submitted website. However, Del systems shall have the right in its sole and absolute discretion to review and approve a website which has been submitted on the Platform. In this regard, Del Systems shall have the right in its sole and absolute discretion to refuse to accept a website which it either disapproves of, or is deemed to be in breach of these Special Terms or General Terms and Conditions. Del Systems may refuse to accept a website due to many reasons, including but not limiting to:
- websites that are under construction, incomplete or with extremely limited audiences or viewership;
- websites that infringe on any third-party rights or breach Applicable Laws (including but not limited to copyright and trademark laws and general rights to privacy);
- websites which contain Inappropriate Content; and
- websites which promote any goods or services that are illegal (“Illegal Content”), such as but not limited to:
- human trafficking;
- money laundering, terrorist financing, proliferation of weapons of mass destruction;
- any goods of services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal content, depict children or minors in sexual postures, depict means of propaganda of signs of unconditional organisations glorifying war or violating human dignity;
- any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
- archaeological findings;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid or any other “get rich quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- child pornography or child abuse;
- content that shows extreme sexual violence or materials that are overly violent
- protected animals or protected plants; or
- any other illegal goods, services or transactions
You are responsible for ensuring that a website which has been submitted on the Ocamba platform does not feature any Inappropriate Content.
You hereby expressly agree that a Website which has been submitted on the Platform does not and shall not infringe on any third-party rights or breach Applicable Laws (including but not limited to copyright and trademark laws and general rights to privacy). You also agree that a website which has been uploaded on the Platform is not and shall not be offensive or defamatory or unlawful in any other way.
You are responsible for ensuring that the Uploaded Material does not feature any Inappropriate Content or Illegal Content.
Customer shall ensure that personal data collected via the Platform are processed in accordance with the Applicable law and Del Systems shall not be liable in any manner for unlawful use of web-users’ personal data. Customer shall not knowingly collect personal data of children under the age of 13.
7. Beta-test Versions
From time to time Del Systems may offer a beta-test version of new Hood features for Enterprise Customers. This allows our Enterprise Customers to try new solutions we come up with and helps us better understand your needs and develop the Service accordingly. This Section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by Del Systems that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”.
If you decide to use a feature available in beta-test version, you agree that:
- The feature is available only for a limited period of time and can be deactivated and terminated at any time and at our sole discretion.
- The feature is available only to a limited extent and may be modified at any time and at our sole discretion.
- Del Systems does not warrant that any feature made available in a beta-test version will be included in the Service, we are not obliged to maintain or support any such feature, and we may cease development of any such feature at any time and at our sole discretion.
- You are solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on your Account settings, set, or planned campaigns, collected data and other information, or otherwise. Please remember that once we deactivate a beta-test version of a feature, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information cannot be reversed, and Del Systems shall bear no responsibility or liability for any consequences resulting therefrom.
- At the end of a beta-test version period, one or more beta-tested features may be made available for a separate fee (e.g. as a paid add-on), or as a component of particular pricing options only. Customers interested in using such features may need to upgrade their Accounts to a more advanced pricing option in order to use such features.
- You must comply with all terms related to any beta-test version as posted on the Website or otherwise made available to you. Del Systems may add or modify terms, including lowering or raising any usage limits, related to access to or use of any beta-test version at any time. Service Level Agreements do not apply to beta-test version.
- You may provide Del Systems with information relating to your access, use, testing, or evaluation of beta-test version, including observations or information regarding the performance, features, and functionality of beta-test version (“Test Observations”). Del Systems will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any beta-test version.
- Notwithstanding anything to the contrary in the Special Terms, after suspension or termination of your access to or use of any beta-test version for any reason, (a) you will not have any further right to access or use the applicable beta-test version, and (b) Your Content used in the applicable beta-test version may be deleted or inaccessible.
- Test Observations concerning a beta-test version, and any other information about or involving (including the existence of) any beta-test version are considered Confidential Information.
WITHOUT LIMITING ANY DISCLAIMERS IN THE SPECIAL TERMS OR GENERAL TERMS AND CONDITIONS, BETA-TEST VERSION IS NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SPECIAL TERMS OR GENERAL TERMS AND CONDITIONS, DEL SYSTEMS IS PROVIDING BETA-TEST VERSION TO YOU “AS IS.” DEL SYSTEMS AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA-TEST VERSION, INCLUDING ANY WARRANTY THAT THE BETA-TEST VERSION WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, DEL SYSTEMS AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. DEL SYSTEMS’ AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA-TEST VERSION WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THE AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
8. Representations and Warranties
By becoming a User and/or by using the Services you hereby agree, represent and warrant that:
- you have read understood and accept these Special Terms;
- you will comply with the Acceptable Use Policy defined under Section 2.8 of the General Terms and Conditions;
- you shall not attempt to obtain fees by using methods to artificially and/or fraudulently inflate the volumes of impression/clicks/actions. These methods include, but are not limited to:
- framing an ad-banner’s click-through destination;
- auto-spawning of browsers, running ‘spiders’ against the websites; or
- using any technique of generating fraudulent clicks/impressions/actions as determined by Del Systems in its sole and absolute discretion
- using incentives to increase volumes of clicks or actions
- you shall not edit or modify any information in any Advertising Materials or Ad Tags including, but not limited to, changing the size of the Advertising Material or making Advertising Material partially or fully invisible;
- you shall not use the Services to promote any Illegal Content;
- you are the owner or are licensed to use the websites;
- using the Services is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and your use of the Services shall be in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction)
- any errors or malfunctions caused by or otherwise related to the Services including your own failure to properly maintain or use your Account may result in the loss of any Net Fees due to you;
- you will provide Del systems with correct and relevant documents and personal information upon request. In case you provide counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity; and
- you are responsible for implementing all reasonable and appropriate measures for maintaining the confidentiality and security of your Account name, user ID, passwords, personal identification and mobile unlock codes that you use to access the Platform.
- you are not allowed to use, together with Ocamba Ad Tag, any misleading and/or incentive creatives, logos and/or brand names without written approval of the owners, or confuse and force visitors to take any action.
You agree that Del Systems provide no warranties or assurances with respect to the placement or performance of any Advertising Materials.
Regarding the App Manager, we enable you to integrate your landing page(s) either with sub-domains or your own domains. You are solely responsible for verification whether any selected domain or sub-domain name infringes any third-party rights, as we cannot and do not perform such verification and we expressly disclaim any and all liability arising directly or indirectly in connection with any such domain or sub-domain names. We reserve the right to block any domain or sub-domain, cancel or change the name of any domain or sub-domain that you select, including but not limited to, if we are ordered to do so by a court or other governmental authority or reasonably believe that we must do so in order to avoid infringement or violation of any third party.
Customer agrees that its use of Hood and Services is subject to the following conditions:
- Customer agrees to use the Services, Platform and Website in accordance with the Acceptable Use Policy defined under Section 2.8 of the General Terms and Conditions.
- Customer agrees that Company may place a limit on the number of notifications that are sent to Push Subscribers.
- Customer will not use Ocamba in connection with any website that constitutes or promotes illegal gambling, pirated content or content that infringes, misappropriates or violates a third party’s intellectual property rights or rights of publicity or privacy, firearms or ammunition, or any product that is illegal in the jurisdiction in or into which it is sold;
- Customer will only use Ocamba in connection with the Properties that it owns and operates, and shall not sell, sublicense, give, rent, loan, lease, or otherwise make Ocamba or its components available to any third party without the Company’s prior express written consent;
- Customer shall not use Ocamba in conjunction with a website that is directed to or knowingly used by children under the age of 13. Customer shall not use Ocamba to knowingly send to Company personal information including device identifiers or precise location data, that has been received from children under the age of 13;
- Customer shall not attempt to: (a) gain unauthorized access to the Ocamba’s systems, (b) interfere with procedures or performance of Ocamba, (c) deliberately damage or undermine Ocamba, or (d) commit fraud regarding Ocamba;
- Customer shall not:
- Attempt to access or search the Services or download software from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Company or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo, URL or product name without Company’s express written consent;
- Use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Special Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
11. Use and Ownership of SDK Data
Customer acknowledges and agrees that the SDK enables Customer to collect certain information from Push Subscribers of the SDK’s functionality (collectively, “SDK Information”), which generally helps provide developers with functionality to target and personalize the notifications they send to Push Subscribers. This data collected includes: Push Subscribers’ mobile advertising identifiers, such as Apple IDFAs and Android Advertising identifiers; Push Subscribers’ email addresses, Push Subscribers’ IP address, device push token, precise location (e.g., GPS-level) data, network information, language, time zone, product preferences, and privacy preferences. Customer grants Del Systems a worldwide license to access and use SDK data for the purpose of providing the Service in accordance with these Special Terms and to make data available to third parties as necessary to provide capabilities of the Ocamba Service.
12. Term and Termination
The Special Agreement will remain in effect for the Term of the Agreement in accordance with Section 10 (“Term”) of the General Terms and Conditions.
This Special Agreement may be terminated in accordance with Section 11 (“Termination”) of the General Terms and Conditions.
13. Privacy compliance
Each User understand and accepts that Ocamba functionalities are not meant to be used for the processing of any special categories of personal data (including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation).
The Parties agree to comply with all applicable privacy laws, and each respective party agrees to perform the following obligations:
- Customer is responsible for obtaining all applicable consents required to enable Ocamba to process personal data from Visitor’ Push Subscriber’s device or browser. Customer shall publish privacy policies and disclosures for the Properties that comply with applicable law and the terms of these Special Terms, including, but not limited to, clearly disclosing that the SDK Information will be collected and how it may be used.
- Where Customer provides data (such as IDFAs, Android Ad IDs, or location data) in a manner other than through Company’s proprietary SDK, including without limitation through an API or an SDK proprietary to the Customer, Customer shall be responsible for ensuring that any collection and transfer of data is done in compliance with user’s stated preferences, including without limitation devices settings to “Limit Ad Tracking” and “Opt Out of interest-based ads.”
- Customer shall notify Company in writing of any further data usage or governance requirements, restrictions, or limitations, to the extent they apply, in which case the Parties may execute a further, paid subscription plan setting out such limitations and licensing payments to supplement the terms herein.
- The User shall indemnify, defend and hold harmless Del Systems in full and on-demand from and against any and all liabilities, claims, demands, damages, losses or expenses (including legal and other professional adviser’s fees and disbursements), interest and penalties incurred by Del Systems arising out of or in connection with the User’s breach of the obligations stipulated in this paragraph.
Amendments and Electronic communications. We may revise and update these Terms or any part of the Agreement at any time, in the manner defined under Section 14.11 of the General Terms and Conditions .
If you do not agree with the new Terms, you must notify Del Systems within 10 days from receipt of notification on the amendments of the Terms or delete your account. If you do not agree with the new Terms, but you wish to continue use Hood App or any other Service, you must notify Del Systems within 10 days receipt of such notification. If you fail to send such notification to Del Systems or delete your User Account, your continued use will be deemed as acceptance to the new Terms.
By accepting these Terms, you agree to this electronic contract. In addition, by visiting or sending emails to Del Systems constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Severability. If any term, clause or provision of these Special Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Special Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Special Terms, which shall remain in full force and effect.
Entire Agreement. These Special Terms constitute the entire agreement between the Parties in relation to its subject matter. These Special Terms replace and extinguish any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the Parties, whether oral or written, public or private, in relation to that subject matter.
You acknowledge that by accepting these Special Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by or on behalf of Del Systems in relation to the subject matter of these Special Terms at any time before your acceptance of them (“Pre-Contractual Statements”), other than those set out in these Special Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.
Nothing in these Special Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and Del Systems and/or other individuals or entities involved with the development and deployment of the Services.
These Special Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with law applicable under Section 14.10. of the General Terms and Conditions.
The Parties irrevocably agree that exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Special Terms or their subject matter or formation (including non-contractual disputes and claims) shall be determined in accordance with Section 14.10. of the General Terms and Conditions.
You acknowledge that by accepting these Special Terms, you agree on using contact details provided in your personal account for any communication method (system email, marketing email, etc.)
15. Contact Us
You can communicate for any reason, whether a complaint or not, with us by email [email protected]. Please note that our calls may be recorded so as to safeguard and protect your interests and for us to ensure the quality of our services. Del Systems may, but is not obligated to, retain any communication with you.