SelfBook.io- Terms of Services
1 Definitions
“Aggregated Statistics” means data and information related to Customer’s use of the Services to be used by SelfBook.io in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
“Arbitration Agreement” means the mandatory individual arbitration provision in Section 11(b).
“SelfBook.io IP” means the (i) Services, including all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, (ii) the Documentation, (iii) and all intellectual property provided to Customer or any other Authorized User in connection with the foregoing. For the avoidance of doubt, SelfBook.io IP includes Aggregated Statistics and any information, data, or other content derived from Selfnook.io’s monitoring of Customer’s access to or use of the Services, but does not include Customer Content.
“Authorized User” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder.
“Confidential Information” means information about either party’s business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party.
“Customer,” “you,” or “your” means you and your Authorized Users.
“Customer Account” means your account on the Services.
“Customer Content” means any content, including profile information, comments, questions, and other content in any form or medium, that is submitted, posted, displayed, transmitted, or otherwise made available on the Services by or on behalf of Customer or any other Authorized User. For the avoidance of doubt, output, copies, reproductions and other derivative works generated by your use of the Services as expressly permitted hereunder which are derived from Customer Content are themselves also Customer Content; provided, however, that Aggregated Statistics is not Customer Content.
“Documentation” means SelfBook.io’s user manuals, handbooks, guides, FAQs, instructional videos, relating to the Services provided by SelfBook.io to Customer electronically and relating to the Services available at www.selfbook.io.
“Feedback” means any communications or materials sent to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, ideas, or the like, about the Services.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Privacy Policy” means the privacy policy, available at www.selfbook.io/privacy-policy.
“Services” means the online and/or mobile services, website, and software provided on or in connection with the service provided by SelfBook.io under this Agreement and as detailed on SelfBook.io i’s website at www.selfbook.io.
“Third-Party Products” means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Services.
“User” or “Users” means all visitors, users, and others who access the Services.
“User Accounts” means different types of accounts for different types of Users.
2 Access and Use
(a) Eligibility. This is a contract between you and SelfBook.io. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with SelfBook.io, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under 13 years old (or under 16 years old in Europe) is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by SelfBook.io.
(b) Provision of Access. Subject to and conditioned on your payment of Fees and compliance with all the terms and conditions of this Agreement, SelfBook.io hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for creating and managing webpages and sales funnels for your internal business operations by Authorized Users in accordance with the terms and conditions herein. SelfBook.io shall provide you with the necessary passwords and access credentials to allow you to access the Services.
(c) Documentation License. Subject to the terms and conditions contained in this Agreement, SelfBook.io hereby grants you a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Documentation during the Term solely for creating and managing webpages and sales funnels for your internal business purposes in connection with the use of the Services.
(d) Accounts. Your Customer Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain other User Accounts. If you open a Customer Account on behalf of a company, organization, or other entity, then “you” includes you and that entity. By connecting to SelfBook.io with a third-party service, you give us permission to access and use your information from that service as permitted by that service and to store your login credentials for that service. You may never use other Users’ User Accounts without permission. When creating your Customer Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Customer Account, and you must keep your Customer Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Customer Account. You must notify SelfBook.io immediately of any breach of security or unauthorized use of your Customer Account. SelfBook.io will not be liable for any losses caused by any unauthorized use of your Customer Account. You may control your Customer Account profile and how you interact with the Services by changing the settings on your settings page. By providing SelfBbook.io with your email address, you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
(e) Use Restrictions. You shall not, and shall not permit any Authorized Users to engage in any of the following prohibited activities: (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the SelfBook.io servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SelfBook.io grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
(f) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, SelfBook.io may monitor User’s use of the Services and collect and compile Aggregated Statistics. As between SelfBook.io and User, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by SelfBook.io. You acknowledge that SelfBook.io may compile Aggregated Statistics based on User Content input into the Services. You agree that SelfBook.io may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify User or User’s Confidential Information.
(g) Reservation of Rights. SelfBook.io reserves all rights not expressly granted to User in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to User or any third party, any intellectual property rights or other right, title, or interest in or to the SelfBook.io IP.
(h) Suspension. Notwithstanding anything to the contrary in this Agreement, SelfBook.io may, in its sole discretion and without notice, temporarily suspend or permanently terminate Customer’s and any other Authorized User’s access to any portion or all of the Services for no reason or for any reason, including but not limited to if: (i) SelfBook.io reasonably determines that (A) there is a threat or attack on any of the SelfBook.io IP; (B) Customer’s or any other Authorized User’s use of the SelfBook.io IP disrupts or poses a security risk to the SelfBook.io IP or to any other customer or vendor of SelfBook.io; (C) Customer or any other Authorized User is using the SelfBook.io IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) SelfBbook.io’s provision of the Services to Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of SelfBook.io has suspended or terminated SelfBbook.io’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5.
(i) Changes to the Services. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
(j) Disputes with Other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SelfBook.io shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3 Intellectual Property Rights
(a) Customer Property. We claim no ownership rights over Customer Content created by you. The Customer Content you create remains yours. SelfBook.io has the right (but not the obligation) in its sole discretion to remove any Customer Content that is shared via the Services. By submitting, posting, displaying, providing, or otherwise making available any Customer Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to SelfBook.io a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Content and your name, voice, and/or likeness as contained in your Customer Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and SelfBook.io’s (and its successors’ and affiliates’) business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. In connection with your Customer Content, you affirm, represent, warrant and covenant the following: (i) You have the written consent of each and every identifiable natural person in the Customer Content, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) You have obtained and are solely responsible for obtaining all consents as may be required by law to post any Customer Content relating to third parties; (iii) Your Customer Content and SelfBook.io’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iv) SelfBook.io may exercise the rights to your Customer Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (v) You will not post: nudity or other sexually suggestive content; hate speech, credible threats or direct attacks on an individual or group; content that contains self-harm or excessive violence; fake or impostor profiles; content for dissemination in electoral campaigns; content that encourages violence, terrorism, or other serious harm; illegal content or content in furtherance of illegal activities; malicious programs or code; any person’s personal information without their consent; and/or spam, machine-generated content, or bulk unsolicited messages. SelfBook.io takes no responsibility and assumes no liability for any Customer Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your Customer Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Customer Content. You understand and agree that you may be exposed to Customer Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SelfBook.io shall not be liable for any damages you allege to incur as a result of or relating to any Customer Content.
(b) SelfBook Property. SelfBook.io IP and all Intellectual Property Rights related thereto are the exclusive property of SelfBook and its licensors (including other Users who post content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SelfBook.io IP. Use of the SelfBook.io IP for any purpose not expressly permitted by this Agreement is strictly prohibited. For the avoidance of doubt, SelfBook.io IP, Aggregated Statistics and any other information, data, or other content derived from SelfBook’s creation of webpages and sales funnels for you, but does not include Customer Content. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to SelfBook.io an assignment of all right, title, and interest in and to the Aggregated Statistics, including all Intellectual Property Rights relating thereto.
You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SelfBook.io under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SelfBook does not waive any rights to use similar or related ideas previously known to SelfBook.io, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
(c) DMCA Notice. SelfBook.io respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) to respond to alleged infringement notices.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify SelfBook.io’s copyright agent as set forth in the DMCA. To make a valid complaint under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit SelfBbook.io to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please submit the above information to the following DMCA Agent: Attn: Legal Department, SelfBook.io, Address: Odenton., Maryland USA, Email: support@selfbook.io.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SelfBbook.io and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SelfBbook.io’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
SelfBook.io may terminate, in appropriate circumstances, User accounts that are deemed to be repeat infringers or limit access to the Services for any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, at its sole discretion.
4. Customer Responsibilities
(a) Acceptable Use Policy. The Services may not be used for any of the following prohibited activities (collectively, the “AUP”): (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the SelfBook.io servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SelfBook.io grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on selfbook.io from time to time, including the AUP.
(b) Account Use. You are responsible and liable for all uses of the Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.
(c) Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Services confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
(d) Third-Party Products. The Services provided by SelfBook.io may permit access to Third-Party Products. For the purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. SelfBook.io does not endorse or assume any responsibility for any such Third-Party Products. If you access a Third-Party Product from the Services or share your Customer Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and SelfBbook.io’s Privacy Policy do not apply to your use of such sites. You expressly relieve SelfBbook.io from any and all liability arising from your use of any Third-Party Products, including without limitation Customer Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SelfBook.io shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
5 Fees and Payment
(a) Billing Policies. Certain aspects of SelfBook.io may be provided for a fee or other charge. If you elect to use paid aspects of SelfBook.io, you agree to our Pricing and Payment Terms available at www.SelfBook.io/pricing, as we may update them from time to time. SelfBook.io may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
(b) No Refunds. You may cancel your account at any time; however, there are no refunds for cancellation. In the event that SelfBook.io suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of SelfBook.io, any content or data associated with your account, or for anything else.
(c) Free Trials. We or our third-party service providers may offer free trials to a particular Service. We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter, subject to Section 5(d). You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Pacific Standard Time on the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.
(d) Automatic Renewal of Subscription Fees. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO SUPPORT@SELFBOOK.IO AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(e) Risk of Loss. All products that may be purchased from or via SelfBook.io are transported and delivered to you by an independent carrier not affiliated with, or controlled by, SelfBook.io. Title to products purchased on SelfBbook.io, as well as the risk of loss for such products, passes to you when SelfBook.io or our supplier delivers these items to the carrier.
(f) Payment Information; Taxes. We accept various payment methods through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using our Services, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with our Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
6 Confidential Information
From time to time, SelfBook.io and Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
SelfBook.io values the privacy and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7 Privacy Policy
SelfBook.io is committed to protecting your privacy and complying with its Privacy Policy when providing our services. Our Privacy Policy may change from time to time, and any changes will be updated on our website. By accessing, using, and providing information to or through our services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
8 Warranty Disclaimer
THE SERVICES PROVIDED BY SELFBOOK.IO ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELFBOOK.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANY ADVICE OR INFORMATION, WHETHER WRITTEN OR VERBAL, OBTAINED BY YOU FROM SELFBOOK.IO OR THROUGH THE SERVICES SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ADDITIONALLY, SELFBOOK.IO, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT GENERATED BY THE AI IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT GENERATED BY SELFBOOK.IO THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FURTHER, SelfBbook.io DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SelfBbook.io WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9 Indemnification
The Customer agrees to defend, indemnify and hold harmless SelfBook.io, its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the Customer or its authorized users’ use of and access to the Services, including any data or content transmitted or received by the Customer or its authorized users; (ii) the Customer or its authorized users’ violation of any term of this Agreement, including without limitation any breach of the representations and warranties made herein; (iii) the Customer or its authorized users’ violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) the Customer or its authorized users’ violation of any applicable law, rule or regulation; (v) any Customer Content or content that is submitted via the Customer or its authorized users’ account, including without limitation misleading, false, or inaccurate information; (vi) the Customer or its authorized users’ willful misconduct; or (vii) any other party’s access and use of the Services with the Customer or its authorized users’ unique username, password or other appropriate security code.
10 Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELFBOOK.IO BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SELFBOOK.IO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL SELFBOOK.IO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELFBOOK.IO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CUSTOMER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL SELFBOOK.IO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO SelfBbook.io UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SELFBOOK.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11 Governing Law, Arbitration, and Class Action/Jury Trial Waiver
(a) Governing Law. You agree that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 11(b) and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(b) Arbitration. Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from SelfBbook.io. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and SelfBook.io that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with SelfBook.io, directly or indirectly, as a user of our services (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new user of SelfBook.io, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing SelfBbook.io at support@selfbook.io with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any claim, you agree to first contact us at support@selfbook.io and attempt to resolve the dispute with us informally. In the unlikely event that SelfBook.io has not been able to resolve a claim after sixty (60) days, we each agree to resolve any claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and SelfBook.io agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and SelfBook.io agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this section shall be deemed as preventing SelfBook.io from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
(c) Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND SelfBbook.io AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER SelfBbook.io USERS. YOU AND SelfBbook.io FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SELFBOOK.IO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
12 Miscellaneous
(a) Entire Agreement/Severability. This Agreement, along with any amendments and any additional agreements you may enter into with SelfBbook.io in connection with the Services, constitute the entire agreement between you and SelfBbook.io regarding the Services. In case any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such provision’s invalidity shall not affect the validity of the remaining provisions of this Agreement, which shall remain fully effective. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
(b) Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement at any time, and that the modified terms become effective upon posting. We will notify you of material modifications through direct email or visible banner in the Services. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. SelfBbook.io will provide at least 30 days’ advance notice of changes to any service level that SelfBbook.io reasonably anticipates may result in a material reduction in quality or services.
(c) Export Regulations. SelfBook.io utilizes software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside the country of origin.
(d) Government Rights. Each of the software components that constitute the Services and the Documentation is a “commercial product” as that term is defined in applicable government regulations, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in the applicable government regulations. Accordingly, if you are an agency of the government or any contractor therefor, you receive only those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with the applicable regulations.
(e) No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SelfBook.io’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
(f) Notices. Unless otherwise provided for in this Agreement, any notices to us must be sent to our corporate headquarters at Odenton, Maryland USA and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. SelfBook.io may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SelfBook.io in our sole discretion. SelfBook.io reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SelfBook.io is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(g) Assignment. This Agreement, and any rights and licenses granted hereunder, is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of our obligations hereunder, including the creation and design of entire webpages and sales funnels for users, to third-party service providers, subcontractors, or other affiliates, without requiring any further consent from you.
Please contact us at support@selfbook.io with any questions regarding this Agreement.
SOFTWARE AS A SERVICE AGREEMENT This SOFTWARE AS A SERVICE AGREEMENT (the “Agreement”) is entered into as of the Effective Date, by and between you (the “Customer”) and SelfBook.io (the “Service Provider”), a company that provides AI-powered webpage and sales funnel creation services. The Service Provider’s business address is [insert address]. The Service Provider and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.”
The Parties agree as follows:
1 Definitions
“Affiliate” of a Party means any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Party. For purposes of this definition, the “control” of an entity means the direct or indirect ownership or control of more than 50% of the voting interests of such entity.
“SelfBook.io Property” means (i) the Services, (ii) the Documentation, and (iii) all content and other materials and software supplied by SelfBook.io in connection with, or used by SelfBook.io in providing, any Services.
“Beta Services” means the features and/or functionality of the Services that may be made available to Customer to try at its option at no additional charge and which are clearly designated as beta, pilot, limited release, non-production, early access, evaluation, labs or by a similar description.
“Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, that is either marked or designated as confidential at the time of disclosure to the Receiving Party, or that a reasonable person should consider confidential or proprietary given the nature of the information and the circumstances under which it is disclosed. SelfBook.io’s Confidential Information shall include the SelfBook.io Property and the terms of all Order Forms. Notwithstanding the foregoing, Confidential Information shall not include any information that the Receiving Party can show: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without reference to any Confidential Information of the Disclosing Party (excluding patentable subject matter which is not subject to this exclusion); or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
“Customer Property” means any content (including text, images, illustrations, charts, tables and other materials) supplied by Customer to SelfBook.io, either directly through the Service or indirectly through the integration with a Third Party Product.
“Documentation” means all documentation and other instructional material made available by SelfBbook.io regarding the use of the Services.
“Effective Date” means the effective date of the applicable Order Form you have signed with SelfBook.io.
“Order Form” means an ordering document for Services purchased from SelfBook.io that has been executed hereunder by the Parties and that references this Agreement. “Output” means the output generated and returned by the Services based on the inputs to the Services provided by Customer and its Users. For the avoidance of doubt, “Services” shall include the Output in the context of creating webpages and sales funnels for the Customer.
“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’) where an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity of that natural person.
“Processing/to Process/Processed” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, or erasure or destruction.
“Subprocessor” means any third-party data processor engaged by SelfBook.io, including SelfBook.io’s Affiliates, that receives Customer Property from SelfBook.io for Processing on behalf of Customer and in accordance with Customer’s instructions (as communicated by SelfBook.io) and the terms of its written subcontract.
“Services” means the AI-powered website and sales funnel creation platform provided by SelfBook.io, including (i) the web and other user interfaces, applications, and software provided to Customers, and (ii) any modifications, updates, derivative works, optional modules, custom or standard enhancements, updates, and upgrades to or of any of the foregoing.
“Subscription Term” means the subscription period set forth in the applicable Order Form during which SelfBook.io agrees to provide the Services to Customer.
“Third Party Products” means certain third-party applications, systems, or services used by Customer, but not supplied by SelfBook.io, that are designed to interoperate with the Services (for example, third-party payment and email services from which the Services can import Customer Property).
“Users” means all users that are authorized to access SelfBook.io’s platform to create and manage their websites and sales funnels.
2 Services
a. Provision of Services. Subject to the payment of all applicable Fees and for the applicable Subscription Term, SelfBook.io hereby grants to Customer a non-sublicensable, non-transferable, non-exclusive right to access and use the Services in accordance with the terms and conditions of this Agreement and the applicable Order Form.
b. Platform Guidelines. Customer hereby acknowledges that it will at all times comply with, and ensure that all of its Users comply with, the platform guidelines available at www.selfbookl.io/legal/platform-guidelines, which are incorporated by reference herein (the “Platform Guidelines”).
3 Fees and Payment
a. Fees. Customer will pay SelfBook.io all fees specified in or otherwise incurred pursuant to an Order Form (“Fees”) in accordance with this Section 3 and the applicable Order Form. If Customer adds additional Services during a Subscription Term (a “Subscription Upgrade”), any incremental Fees associated with such Subscription Upgrade will be prorated over the remaining period of the then-current Subscription Term and charged to Customer and due and payable in accordance with Section 3(b). In addition, unless otherwise set forth in an Order Form, Customer will be deemed to have executed a Subscription Upgrade with SelfBook.io if its usage of the Services exceeds the previously purchased usage levels. In any renewal Subscription Term of such Order Form, the Fees will reflect any such Subscription Upgrades. Fees are quoted and payable in United States dollars. Payment obligations are non-cancellable and Fees paid are non-refundable, except as otherwise expressly set forth in this Agreement.
b. Invoices and Payment. By providing a credit card or other payment method accepted by SelfBook.io (“Payment Method”) for the Services, Customer agrees that SelfBook.io is authorized to charge to the elected Payment Method all applicable Fees when due, and any other charges Customer may incur in connection with Customer’s use of the Services. For all purchased Services, the Payment Method will be charged on a monthly basis or at the interval indicated in the applicable Order Form. If SelfBook.io does not collect a Payment Method from Customer at the time of purchase, SelfBook.io will invoice Customer for the charges at the email address on file with SelfBbook.io. Customer will pay all invoiced amounts within thirty (30) calendar days of the invoice date. Unless otherwise specified in an Order Form, Customer will pay all Fees on an annual, prepaid basis. Overdue invoices are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection.
c. Taxes. Customer is solely responsible for the payment of all taxes, assessments, tariffs, duties, or other fees imposed, assessed, or collected by or under the authority of any governmental body arising from SelfBook.io’s provision of the Services hereunder (collectively, “Taxes”), except any taxes assessed upon SelfBook.ioi’s net income. If SelfBook.io is required to directly pay Taxes related to Customer’s use or receipt of any Services, Customer agrees to promptly reimburse SelfBook.io for any amounts paid by SelfBook.ioi.
d. Credits. SelfBook.io may, at its sole discretion, choose to offer credits for the Services in various ways, including but not limited to, coupons, promotional campaigns, and referrals for SelfBook.io’s services such as training. SelfBook.io reserves the right to award credits at its sole discretion. Credits have no monetary or cash value and can only be used by Customer to offset Customer’s subsequent payments of Fees for the Services. Credits may only be applied to Fees due for the Services specifically identified by SelfBook.io when issuing the credit. Credits can only be used by Customer and are non-transferable. To the extent that Customer has been awarded credits, unless the instrument (including any coupon) states an earlier expiration date, credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
4 Intellectual Property Ownership
a. User Property. As between SelfBook.io and the User, the User retains all rights, title, and interest in and to the User Property, including all patent, copyright, trade secret, trademark or other intellectual property rights embodied in or related to the User Property. Except as expressly set out in this Agreement, no right, title, or license under any User Property is granted to SelfBbook.io or implied hereby, and for any User Property that is licensed to SelfBook.io, no title or ownership rights are transferred to SelfBook.io with such license.
b. SelfBook.io Property. As between SelfBook.io and the User, SelfBook.io retains all right, title, and interest in and to the SelfBook.io Property, including all patent, copyright, trade secret, trademark, or other intellectual property rights embodied in or related to the SelfBook.io Property. Except as expressly set out in this Agreement, no right, title, or license under any SelfBook.io Property is granted to the User or implied hereby, and for any SelfBook.io Property that is licensed to the User, no title or ownership rights are transferred to the User with such license.
c. Licenses to SelfBook.io. The User hereby grants SelfBook.io a limited, non-exclusive, non-transferable (except in connection with the permitted assignment of this Agreement or to its subcontractors), and royalty-free license to access and use the User Property made available to SelfBook.io or any of its subcontractors, solely as necessary for SelfBook.io to (i) provide the Services to the User pursuant to this Agreement, and (ii) train the artificial intelligence models developed by SelfBook.io and its third-party service providers to provide the Services, including sharing select portions of User Property to third-party contractors (subject to confidentiality and security obligations at least as restrictive as this Agreement, with SelfBook.io being responsible for all actions and omissions of such subcontractors), provided, however, that such User Property used for this purpose must be aggregated and de-identified so that it cannot identify the User or its customers. Additionally, the User grants SelfBook.io a non-exclusive, revocable license to use the User’s trademarks and logos to identify the User as a subscriber of the Services; provided that, the User may revoke such consent at any time in its sole discretion. By submitting to SelfBook.io any unsolicited suggestions, enhancement requests, comments, feedback, or other input relating to the Services (“Feedback”), the User grants to SelfBook.io a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate such Feedback into the Services in any manner.
d. License to User. SelfBook.io hereby grants the User a limited, non-exclusive, non-transferable (except in connection with the permitted assignment of this Agreement), and royalty-free license to access and use the Output made available to the User or any of its Affiliates, solely in accordance with the terms of this Agreement.
5 Data Privacy and Security
a. Hosting and Processing. Unless otherwise agreed upon in writing by SelfBook.io, Customer Property may be hosted by SelfBook.io or its Affiliates, or their respective authorized third-party service providers, in any country where SelfBook.io operates.
b. Transfer of Personal Data. SelfBook.io ensures compliance with data protection regulations under EU Regulation 2016/679 and any applicable national laws. If Personal Data within Customer Property is transferred to a country outside of the European Economic Area (EEA), such transfer will only take place if the non-EEA country in question ensures an adequate level of data protection based on a decision by the European Commission, or if the Personal Data is transferred on the basis of binding corporate rules.
c. Data Processing Agreement. The Data Processing Agreement with SelfBbook.io (“DPA”) is accessible for review at selfbook.io/terms-of-service. Upon execution of an Order Form by Customer, the DPA shall be fully incorporated by reference in, and become a part of, this Agreement.
d. Subprocessors. Customer acknowledges and agrees that SelfBook.io may use Subprocessors, who may access Customer Property, to provide, secure and improve the Services. SelfBook.io shall be responsible for the acts and omissions of its Subprocessors to the same extent that SelfBook.io would be responsible if SelfBook.io was performing the services of each Subprocessor directly under the terms of this Agreement. A list of all Subprocessors can be found here: https://www.selfbook.io/terms-of-service.
e. In-Product Cookies. Whenever Customers or Users interact with the Services, SelfBook.io uses First Party Cookies to collect information to ensure Customers and Users can securely, quickly and reliably use the Services, and SelfBook.io’s In-Product Cookie Policy applies. When SelfBook.io collects this information, it only uses this data to (i) provide the Services, or (ii) in aggregate form, and not in a manner that would identify the Customers or Users personally.
f. Information Security Requirements. SelfBook.io will maintain an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) secure the Services and Customer Property against accidental or unlawful loss, access, or disclosure, (b) identify reasonably foreseeable and internal risks to security and unauthorized access, and (c) minimize security risks, including through risk assessment and regular testing. As part of this information security program, SelfBbook.io shall implement the security measures available at www.SelfBook.io/privacy-policy.
6 Confidentiality
a. Confidentiality. During the term of this Agreement and for a period of three (3) years thereafter, SelfBook.io agrees to protect the confidentiality of the Confidential Information of the User in the same manner that it protects the confidentiality of its own proprietary and confidential information of a like kind; provided that SelfBook.io may disclose Confidential Information of the User with User’s consent or to its Affiliates, officers, directors, employees, subcontractors, agents or prospective financing sources or acquirers who need to know such information in connection with this Agreement and who are bound by written agreements requiring the protection of such Confidential Information. This Section 6 shall supersede any non-disclosure agreement by and between User and SelfBbook.io entered prior to the Effective Date that would purport to address the confidentiality of Confidential Information and such agreement shall have no further force or effect with respect to either Party’s Confidential Information.
b. Compelled Disclosure. If SelfBook.io is compelled by law to disclose Confidential Information of the User, it shall provide the User with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at User’s cost, if the User wishes to contest the disclosure.
c. Return of Confidential Information. At any time upon the request of the User, SelfBook.io will destroy all Confidential Information of the User, including all copies thereof and notes and other materials incorporating such Confidential Information, whether in physical or electronic form; provided, however, (x) SelfBook.io, as Receiving Party, shall not be required to delete any User Confidential Information that is licensed to SelfBook.io pursuant to Section 4(c)(ii) so long as it is aggregated and de-identified so that it cannot identify User or its customers; and (y) SelfBook.io shall not be required to return or destroy electronic copies that are automatically stored in accordance with SelfBbook.io’s generally applicable backup policies and which are not reasonably accessible by SelfBook.io (“Backup Media”). All Backup Media shall remain subject to the confidentiality obligations set forth herein, notwithstanding the expiration or termination of this Agreement, so long as it remains undeleted.
d. Remedies. If SelfBook.io discloses or uses (or threatens to disclose or use) any Confidential Information in breach of this Section 6, the User shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies are inadequate.
7 Warranties; Disclaimers
a. Mutual Warranties. Each Party represents and warrants that it has the legal power and authority to enter into this Agreement.
b. SelfBook.io Warranties. SelfBook.io warrants to the Customer that the Services purchased by the Customer will, in all material respects, perform in accordance with the applicable portions of the Documentation. This warranty shall not apply to non-conformities, errors, or problems caused by acts within the control of the Customer or any of its Users, or arising from the Customer’s negligence or improper use of the Services, from unauthorized modifications made to the Services, from use of the Services in an unsupported operating environment or manner, or that arises from the Customer’s or any third party’s software or systems (including Third-Party Products). Additionally, SelfBook.io warrants that the webpages and sales funnels created through the Services will meet the Customer’s specifications and requirements, to the extent that they are provided to SelfBook.io in writing.
c. Customer Warranties. The Customer warrants that it will not use the Services for unlawful purposes or in a manner that infringes or otherwise violates the rights of any third party. The Customer further warrants that it has all necessary rights and permissions to use any content, images, or other materials provided to SelfBook.io for use in creating webpages and sales funnels.
d. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (1) THE SERVICES ARE PROVIDED “AS-IS”; (2) NEITHER PARTY MAKES ANY ADDITIONAL WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY OF ANY KIND TO THE OTHER PARTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, (3) EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS AND GUARANTIES, INCLUDING, WITHOUT LIMITATION, ANY WITH RESPECT TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND (4) SELFBOOK.IO LIABILITY UNDER ANY IMPLIED OR STATUTORY WARRANTY, CONDITION, REPRESENTATION, UNDERTAKING OR GUARANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED IN RESPECT OF THE SERVICES TO SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING THE SERVICES AGAIN. IN ADDITION, SELFBOOK.IO DOES NOT GUARANTEE THERE WILL BE NO LOSS OR CORRUPTION OF CUSTOMER PROPERTY STORED BY SELFBOOK.IO. CUSTOMER AGREES TO MAINTAIN A COMPLETE AND ACCURATE COPY OF ALL CUSTOMER PROPERTY IN A LOCATION INDEPENDENT OF THE SERVICES.
e. Beta Services. SelfBook.io may make Beta Services available to the Customer at no charge, and the Customer may choose to try such Beta Services at its sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms that will be presented to the Customer. Beta Services are not considered “Services” under this Agreement for purposes of Section 7 (Warranties; Disclaimer) and Sections 8(a) (Indemnification by SelfBook.io); however, all restrictions, SelfBbook.io’s reservation of rights, the Customer’s obligations concerning the Services, and the Customer’s use of any Third-Party Products shall apply equally to the Customer’s use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date otherwise specified in writing by SelfBbook.io. SelfBook.io may discontinue Beta Services at any time in its sole discretion and may never make them generally available. Beta Services are provided “AS IS” with no express or implied warranty and are outside the scope of SelfBook.io’s indemnification obligations.
8 Indemnification
a. Indemnification by SelfBook.io. SelfBook.io will defend and pay the User, its employees, directors and officers (the “User Indemnified Parties”) from and against any and all costs, damages and expenses (collectively, “Losses”), suffered or incurred by any User Indemnified Party, as a result of any claim brought by a third party (“Third Party Claim”) against a User Indemnified Party alleging that the Services provided by SelfBook.io in accordance with the terms and conditions of this Agreement infringes any patent, copyright, trademark or trade secret right of such third party (an “Infringement Claim”). Without limiting the foregoing, in the event that any portion of the Services is likely to, in SelfBook.io’s sole opinion, or does become the subject of an Infringement Claim, SelfBook.io may, at its option and expense: (i) procure for the User the right to continue using the allegedly infringing item, (ii) substitute a functionally equivalent non-infringing replacement for such item, (iii) modify such item to make it non-infringing and functionally equivalent, or (iv) terminate the Agreement and any outstanding Order Forms and refund to the User prepaid unused Fees for the infringing items. SelfBook.io shall have no liability for any Infringement Claim to the extent arising from: (1) User’s use or supply to SelfBook.io of any User Property; (2) use of the Services in combination with any software, hardware, network, or system not supplied by SelfBook.io if the alleged infringement relates to such combination; (3) any modification or alteration of the Services (other than by SelfBook.io); (4) the Output; or (5) User’s violation of applicable law or third party rights.
b. Indemnification by User. User will defend and pay SelfBook.io, its employees, directors and officers (the “SelfBook.io Indemnified Parties”) from and against any and all Losses, suffered or incurred by any SelfBook.io Indemnified Party, arising from any Third Party Claim against an SelfBook.io Indemnified Party (i) alleging that any User Property or User’s use of the Services beyond the license granted in this Agreement infringes, violates or misappropriates any patent, copyright, trademark or trade secret right of any third party or (ii) arising from User’s breach of the Platform Guidelines.
c. Indemnification Conditions. The Parties’ obligations under this Section 8 are contingent upon the indemnified party (i) giving prompt written notice to the indemnifying party of any claim subject to indemnification under this Section 8, (ii) giving the indemnifying party sole control of the defense or settlement of the claim, and (iii) cooperating in the investigation and defense of such claim(s). The indemnifying party shall not settle or consent to an adverse judgment in any such claim that adversely affects the rights or interests of the indemnified party without the prior express written consent of the indemnified party, which shall not be unreasonably withheld. The rights and remedies set forth in this Section 8 are the sole obligations of the indemnifying party and exclusive remedies available to the indemnified party in the event of an applicable Third Party Claim.
9 Limitation of Liability
a. Limitation of Liability. SelfBook.io’s aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, shall not exceed the amounts actually paid by the Customer and amounts accrued but not yet paid from the Customer during the twelve (12) months prior to the date on which such claim or cause of action arose. This limitation applies even if SelfBbook.io’s remedies under this agreement fail of their essential purpose.
b. Exclusion of Consequential and Related Damages. SelfBook.io shall not have any liability to the Customer or any third party for any lost profits, loss of use or data, costs of procurement of substitute goods or services, or for any other indirect, special, exemplary, incidental, punitive, or consequential damages however caused, whether in contract, tort or under any other theory of liability, even if SelfBook.io has been advised of the possibility of such damage. Neither SelfBook.io nor the Customer shall be responsible or liable for any loss, damage or inconvenience suffered by the other party or any third person, to the extent that such loss, damage, or inconvenience is caused by the failure of the other party to comply with its obligations under this agreement.
10 Term and Termination
a. Term of Agreement. This Agreement between SelfBook.io and the Customer shall commence on the Effective Date and remain in effect until terminated in accordance with Section 10(c).
b. Term of Subscriptions. The Customer’s access to the purchased Services, which includes the creation of entire webpages and sales funnels using AI, shall commence on the start date specified in the relevant Order Form and continue for the Subscription Term specified on such Order Form. At the expiration of each Subscription Term, the Subscription Term for all purchased Services will automatically renew for the same period as the renewing Subscription Term, unless either Party elects to not renew by notifying the other Party in writing at least 60 days before such renewal (or at any time before the renewal date, if the expiring Order Form provides for a month-to-month subscription). Except as otherwise specified in a written notice sent to Customer at least 60 days prior to a renewal (or 30 days, if the expiring Order Form provides for a month-to-month subscription), SelfBbook.io’s per-unit pricing for any renewal Subscription Term shall not increase by more than the greater of (i) five percent (5%) or (ii) the increase in the Consumer Price Index (CPI), in each case, over the renewing Subscription Term. Any introductory or temporary discount offered in a previous Subscription Term does not apply for a renewal Subscription Term. For the avoidance of doubt, the foregoing caps on price increases shall not apply to renewals in which a Customer is transitioning from a month-to-month subscription to a longer subscription.
c. Termination. Either Party may terminate this Agreement and/or any Order Form by providing written notice to the other Party in the event the other Party materially breaches any of its duties, obligations or responsibilities under this Agreement and fails to: (i) cure such breach within thirty (30) days after receipt by the breaching Party of written notice specifying the breach, or (ii) if the breaching Party is incapable of curing such breach within thirty (30) days, provide the other Party with an acceptable plan for curing such breach within ten (10) days after receipt of such notice and thereafter curing such breach in accordance with such plan. In addition, a Party may terminate this Agreement by providing written notice to the other Party if there are no Order Forms in effect for more than thirty (30) days, continuously.
d. Effect of Termination. Expiration or termination of one Order Form shall not affect any other Order Form. In the event of termination of this Agreement, Customer shall cease all use of the Services, including any webpages or sales funnels created using SelfBook.io’s AI tools.
e. Surviving Provisions. The following provisions shall survive the termination or expiration of this Agreement for any reason and shall remain in effect after any such termination or expiration: Sections 1, 3, 4, 6, 8, 9, 10(d), 10(e), 11, and any relevant Platform Guidelines. Termination or expiration of this Agreement shall not affect any obligation accrued or arising prior to such termination or expiration.
11 Miscellaneous
a. Relationship. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties, and SelfBook.io will be considered an independent contractor when performing any Services hereunder.
b. Entire Understanding. This Agreement (including any additional terms or policies referenced herein) constitutes the entire agreement between the Parties as to its subject matter and supersedes all prior proposals, marketing materials, negotiations, and other written or oral communications between the Parties with respect to the subject matter of this Agreement. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any other terms or policies, the terms of this Agreement shall prevail. Notwithstanding any language to the contrary therein, all terms and conditions stated in any Customer purchase order or in any other ordering documentation are hereby rejected. Such terms will not be deemed incorporated into or form any part of this Agreement, and all such terms or conditions are null and void.
c. Modification; Waiver. Except for SelfBook.io’s modification or update of the Service, or any policies as necessary to comply with applicable law, rules, and regulations, no modification of this Agreement, and no waiver of any breach of this Agreement or right under this Agreement, is legally binding against the other Party unless in writing and signed or electronically accepted by both Parties.
d. Governing Law; Venue. The parties hereto agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity hereof or thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by final and binding arbitration in Odenton Maryland USA (except for an action for interim equitable relief otherwise permitted under this Agreement and/or unless otherwise agreed by the parties), before a sole arbitrator, in accordance with the laws of the State of Maryland. The arbitration shall be administered by JAMS (or its successor) pursuant to its Comprehensive Arbitration Rules and Procedures; provided, however, if the Parties mutually elect, the arbitration can be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures instead of its Comprehensive Arbitration Rules and Procedures. The arbitrator’s decision shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final and binding. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. The Parties will pay their own costs (including, without limitation, attorneys’ fees) and expenses in connection with such arbitration.
e. Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other Party, which consent (1) may not be unreasonably withheld, and (2) will be deemed to have been given if the other Party fails to respond to the requesting Party’s written notice of intent to assign within fourteen (14) days of receipt of such notice; provided, however, a Party may assign this Agreement in its entirety, together with all rights and obligations hereunder, without consent of the other Party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
f. Notices. Except for notification methods expressly permitted under the SelfBook.io Guidelines, all notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party, and (ii) if the Party giving the Notice has complied with the requirements of this Section.
g. Anti-Corruption. Customer acknowledges and agrees that it has not received or been offered any illegal bribe, kickback, payment, gift, or thing of value from any SelfBook.io employees, agent or representative in connection with this Agreement, other than reasonable gifts and entertainment provided in the ordinary course of business. Customer will promptly notify SelfBook.io if it offers or receives any such improper payment or transfer in connection with this Agreement.
h. Force Majeure. Except for the performance of a payment obligation, neither Party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, epidemics, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. In the event any of the foregoing events results in SelfBbook.io not being able to provide the Services for a period of more than thirty (30) days, then either Party may terminate the Agreement upon written notice to the other Party.
i. Export Control. The Service and related technical data and services (collectively, “Controlled Technology”) may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. Customer agrees to comply with all applicable export and re-export control laws and regulations and will not export or re-export any Controlled Technology in contravention to U.S. law, nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Controlled Technology is generally prohibited for export or re-export to Cuba, North Korea, Iran, Syria, Sudan, and any other country subject to relevant trade sanctions.
j. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
k. Use of the Service. SelfBook.io provides an automated platform for the creation of webpages and sales funnels using artificial intelligence. By using the Service, the User agrees to comply with all applicable laws and regulations, including, but not limited to, privacy laws and intellectual property laws. The User acknowledges that they are responsible for the content of their webpages and sales funnels created using the Service and that SelfBook.io assumes no liability for any infringement or violation of any third-party rights caused by such content. SelfBook.io reserves the right to refuse or terminate access to the Service at any time for any reason.
© 2025 SelfBook.io | All Rights Reserved
