Date of Last Revision: 24.06.2017
INBOOK, LLC (“ inBook,” “we,” “us,” “our”) provides its services (described below) to you through its website located at http://inbook.pro (the “Website”), its mobile application, and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right to change these Terms of Service at any time without notice, effective upon its posting to our Website at http://inbook.pro/terms_of_use. Your continued use of the Service will be considered your acceptance of the revised Terms of Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Services Description: The Service, including the inBook Website and mobile application, is designed for the collection of customer feedback on mobile devices running iOS (version 10.0 and above) or Android (version 6.0 and above).
Specifically, the Service includes:
Your Registration Obligations: You are required to register with inBook in order to access and use certain features of the Service. The fact of registration indicates your unconditional acceptance of this Terms of Service and your agreement to receive the inBook newsletter, along with system messages and notifications related to the operation of the Service and your subscription status, at the email address specified during the registration process. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If you provides incorrect information, or if we have serious grounds to suspect the information provided by you as incorrect, incomplete or inaccurate, we reserve the right to suspend or cancel your registration and prevent you from using the service.
Member Account, Password and Security: Upon completion of the registration process, you are provided with a login name and password, which are subsequently used to access the web interface containing information belonging to you. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify inBook of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. inBook will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: inBook reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that inBook will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that inBook may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that inBook has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that inBook reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that inBook reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of use that is illegal or prohibited by inBook. inBook reserves the right to investigate and take appropriate legal action against anyone who, in inBook’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not do the following:
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide inBook information regarding your credit card or other payment instrument. You represent and warrant to inBook that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay inBook the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. Up-to-date information on pricing will be displayed on our Website at http://inbook.pro/price. You hereby authorize inBook to bill your payment instrument in full and in advance on a periodic basis in accordance with the terms of the applicable order form until you terminate your account, and you further agree to pay any charges so incurred.
You have the right to dispute a charge within five days of the end of a calendar month via a written motivated claim regarding the compensated Services rendered during said month. If we do not receive such a claim within the specified period, the Service corresponding to the payment plan used shall be considered rendered by inBook and accepted by you in full. In the event that you have reasonable complaints about the quality or completeness of the Service provided by inBook, you will have the right to demand compensation for the losses incurred (with documented proof) and/or early termination of this Terms of Service by drawing up a notice. inBook shall respond with an official letter within ten days of receiving your notice. Should your claim be found justified, at inBook’s discretion, inBook shall compensate you for the losses incurred during 1 (one) month preceding your claim’s occurrence and/or terminate this Terms of Service.
We reserve the right to change inBook’s prices. If inBook does change prices, inBook will provide notice of the change on the Website or in email to you, at inBook’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for any and all taxes associated with the Services.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to your local export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of local export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by inBook, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by inBook from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of inBook. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by inBook.
You agree to release, indemnify and hold inBook and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
We agree to ensure the availability of the Service, with possible technological interruptions, for a total of 6 (six) hours per day and to respond (take measures) to any interruptions to the operation of the Service within 48 hours of receiving a complaint.
HOWEVER, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHILE WE WILL MAKE EVERY EFFORT TO ELIMINATE ANY FAILURES AND ERRORS DURING YOUR SUBSCRIBTION PERIOD, INBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INBOOK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QU h3 Limitation of LiabilityALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. FOR THE VIOLATION OF THE TERMS OF SERVICE, YOU AND INBOOK BEAR RESPONSIBILIES AS ESTABLISHED BY THE TERMS OF SERVICE AND/OR THE CURRENT LEGISLATION OF THE RUSSIAN FEDERATION.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.In the event of force majeure circumstances, which the party under this Terms of Service could neither foresee nor prevent via reasonable measures, the period of fulfillment of obligations under this Terms of Service shall be postponed in proportion to the time during which such circumstances persist, without compensation for any losses. If such circumstances make it impossible for inBook to fulfill its obligations per this Terms of Service, we oblige to notify you of the situation on our Website or by email within 5 (five) weekdays of the circumstance’s occurrence. Force majeure circumstances include events that a party cannot influence and for whose occurrence it is not responsible, including, but not limited to: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault. If force majeure circumstances and/or their consequences persist for longer than thirty (30) consequent calendar days, the Terms of Service may be terminated at the initiative of either party via the sending of a written notice.
You agree that inBook, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if inBook believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. inBook may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that inBook may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that inBook will not be liable to you or any third party for any termination of your access to the Service.
This Terms of Service constitutes the entire agreement between you and inBook and govern your use of the Service, superseding any prior agreements between you and inBook with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. This Terms of Service will be governed by the current legislation of the Russian Federation. All matters not settled by the Terms of Service or not fully settled are governed by the substantive law of the Russian Federation. Unless otherwise agreed by the parties, any unresolved disputes are subject to arbitration in the manner prescribed by the current legislation in the Arbitration Court of the City of Rostov-on-Don, Russia. With respect to any disputes or claims not subject to arbitration, you and inBook agree to submit to the personal and exclusive jurisdiction of the courts located within the Russian Federation. The failure of inBook to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of inBook, but inBook may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at [email protected] to report any violations of or pose any questions regarding this Terms of Service or the Service.