By signing up for Pozzam you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service here at any time. Pozzam reserves the right to update and change the Terms of Service by posting updates and changes to the Pozzam website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You acknowledge that Pozzam will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure, which is your means of entering the Service. Pozzam cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Pozzam will result in an immediate termination of your services.
Don’t use Pozzam for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account activation
- The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account.
- Upon completion of sign up for the Service, Pozzam will collect your credit card and store it on a secure server on Stripe.
- If you do not wish to continue using the Service, it is your responsibility to contact Pozzam to cancel the Service.
3. General conditions
- Technical support is only provided to paying account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Colorado and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Colorado with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Pozzam may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service at this website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted at this website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Colorado.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pozzam.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Pozzam or Pozzam trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to [email protected].
8.You understand that your provided information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Pozzam Service belongs to us. You are not allowed to copy, reproduce or use it for any illegal or sketchy purpose.
4. Pozzam rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Pozzam customer, Pozzam employee, member, or officer will result in immediate account termination.
4.In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a government issued photo ID, the last four digits of the credit card on file, etc.
- Pozzam retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Pozzam reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Pozzam account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of liability
- You expressly understand and agree that Pozzam 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 resulting from the use of or inability to use the service.
- In no event shall Pozzam or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Pozzam partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
- Pozzam does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Pozzam does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Pozzam does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is as is so it may have errors or interruptions and we provide no warranties.
6. Waiver and complete agreement
The failure of Pozzam to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pozzam and govern your use of the Service, superseding any prior agreements between you and Pozzam (including, but not limited to, any prior versions of the Terms of Service).
If Pozzam chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Pozzam don’t apply if they conflict with these terms.
7. Payment of subscription fees
- A valid credit card is required for accounts to process orders using a live payment gateway.
- Subscription fees will be billed annually or monthly, depending on the plan option selected by the subscriber. All subscriptions automatically renew until canceled by the subscriber. Monthly charges will occur on or around the day of the monthly subscription selection by the subscriber. Annual charges will occur on or around the day of the annual subscription selection by the subscriber.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Taxes).
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Pozzam’s products and services. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- Pozzam does not provide refunds.
For live payment gateways, a valid credit card is required. No refunds.
9. Automatic recurring payment failure
Payment will be retried according to the following schedule at the beginning of each period: Five (5) days after first failure, five (5) days after the second failure, and then five (5) days after the third failure. If Your automatic recurring payment is declined or fails for any reason on the fourth and final attempt, You will be contacted via email at the email address provided and your account may be closed and deactivated so that no further activity or sales can occur. You may log in at any time prior to your account being deactivated to correct or change the payment information in Your profile. Upon correcting the payment information, the previously failed payment amount will be re-attempted, but future Periodic billing dates will not change from their originally scheduled cycle.
10. Cancellation of Account and Automatic Recurring Payment
You have the right to request the cancellation of your account at any time. Once processed, doing so will cancel and deactivate Your ‘s account from all use. You will be prevented from logging in. To request the cancellation of Your account email [email protected]. No charges will be refunded.
11. Changing Plan and Automatic Recurring Payment
You may change plans up (upgrade) or down (downgrade) to any other available plan at any time. Any increases or decreases in charges will be incremental based upon the difference in the newly selected plan and the previously selected plan. No refunds will actually be issued to the specified Payment Method in the case of a credit.
12. Modifications to the service and prices
- Prices for using Pozzam are subject to change at any time and without notice from Pozzam.
- Pozzam reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Pozzam shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
Pozzam’s Payment Service does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends “Card Data” to your merchant processor directly at time of checkout processing. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
14. Optional tools
- Pozzam may provide you with access to third party tools over which Pozzam neither monitors nor has any control or input.
- You acknowledge and agree that Pozzam provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. Pozzam shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
15. Privacy & Data Protection