Effective Date: August 17th, 2024

Introduction

Welcome to EcoWorld.ai, a product of Viroway Ltd. We value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you visit our website www.ecoworld.ai (hereafter referred to as “the Site”). By using our Site, you consent to the practices described in this policy.

 

1. Information We Collect

We may collect the following types of information:

• Personal Information: When you interact with our Site, we may collect personal information that can identify you, such as your name, email address, phone number, mailing address, and any other information you voluntarily provide to us.
• Usage Data: We may automatically collect information about your interactions with our Site. This includes your IP address, browser type, device information, pages visited, time spent on each page, and the dates/times of your visits.
• Cookies and Tracking Technologies: We use cookies and similar tracking technologies to enhance your experience on our Site. Cookies are small data files stored on your device that help us understand your preferences and improve the Site’s performance.

 

2. How We Use Your Information

We use the information we collect for various purposes, including:

• Providing and Improving Our Services: To operate and maintain our Site, process transactions, respond to inquiries, and improve the overall user experience.
• Communication: To send you updates, newsletters, marketing materials, and other information related to EcoWorld. You can opt out of receiving these communications at any time.
• Analytics: To analyze usage patterns and trends to enhance the performance and functionality of our Site.
• Legal Compliance: To comply with applicable laws, regulations, and legal processes, and to protect the rights, property, and safety of Viroworld Limited, our users, and the public.

 

3. How We Share Your Information

We may share your information with third parties in the following circumstances:

• Service Providers: We may engage third-party companies to perform services on our behalf, such as hosting, data analysis, payment processing, and customer support. These providers have access to your information only to the extent necessary to perform their functions and are obligated to protect your information.
• Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of the transaction.
• Legal Requirements: We may disclose your information if required by law, or if we believe such action is necessary to comply with legal obligations, protect the rights or property of Viroworld Limited, or prevent fraud or illegal activity.

 

4. Data Security

We take the security of your information seriously and implement appropriate technical and organizational measures to protect it from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.

 

5. Your Choices

• Access and Correction: You have the right to access, correct, or delete your personal information held by us. To exercise these rights, please contact us at [Insert Contact Information].
• Opt-Out: You can opt out of receiving marketing communications from us by following the unsubscribe instructions in the emails you receive or by contacting us directly.
• Cookies: Most web browsers are set to accept cookies by default. You can modify your browser settings to refuse cookies or alert you when cookies are being sent. However, some parts of our Site may not function properly if you disable cookies.

 

6. Children’s Privacy

EcoWorld does not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under 13, we will delete such information from our records.

 

7. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new policy on our Site and updating the effective date. Your continued use of the Site after such changes constitutes your acceptance of the revised policy.

 

8. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

Viroway Ltd
13 Kypranoros str, Ground Floor, 1061
CY - 2083, Nicosia, Cyprus
Email: legal@viroway.com

 

9. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law principles.

Last Updated: August 17th, 2024

PLEASE REVIEW THESE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY.

Welcome to the EcoWorld Website Terms and Conditions (“Terms”) which govern your use of ecoworld.ai, viroway.com and any other websites where these terms are displayed (collectively referred to as the “Site”). Viroway, Ltd. ("Viroway", “EcoWorld” or “we”) manages each Site to provide users with access to information about EcoWorld.ai and the products, services, and opportunities that we offer.

Please note that the use of EcoWorld’s Subscription Services (whether free or paid) is subject to our Customer Terms of Service, available at www.ecoworld.ai/legal-information.

By accessing and using the Site, you agree to abide by these Terms and our Privacy Policy, which is available at www.ecoworld.ai/legal-information.

We reserve the right to revise these Terms at any time without prior notice. Continuing to use the Site after any changes are posted constitutes your acceptance of the revised Terms. The date these Terms were last updated is noted above, so please review them regularly for any changes.

Since these Terms govern your use of the Site, please ensure you read them thoroughly, including the following sections:

1. Authorised Use of the Site
2. Prohibited Conduct on the Site
3. Intellectual Property Rights
4. User-Submitted Content and Materials
5. Links to Third-Party Websites
6. File Downloads
7. Disclaimers and Limitation of Liability
8. Indemnity Clause
9. Additional Provisions
10. General Legal Terms

 

1. Authorized Use of the Site

You are permitted to use the Site, and the information, writings, images, and other materials you find there (collectively, the “Content”) solely for personal, non-commercial purposes, or to learn about EcoWorld’s products, services, and opportunities, provided you comply with these Terms.

 

2. Prohibited Conduct on the Site

By accessing the Site, you agree that you will not:

• Use the Site in violation of these Terms;
  Use the Site in violation of EcoWorld’s Acceptable Use Policy at www.ecoworld.ai/legal-information;
• Copy, modify, create derivative works of, reverse engineer, or attempt to discover the source code of the Site, or allow others to do so;
• Sell, distribute, or otherwise exploit the Site or its Content for any commercial purpose;
  sUse automated systems, such as bots or spiders, to access the Site in a way that sends more requests to EcoWorld’s servers than could reasonably be produced by a human using a standard web browser;
• Use the Site in a manner that could damage, disable, or impair the Site or interfere with another party’s use of the Site;
• Mirror or frame the Site on another website without authorisation;
• Attempt to gain unauthorized access to any portion of the Site;
• Use the Site in any manner that is unlawful or prohibited by these Terms.

Any unauthorized use of the Content or the Site may violate intellectual property laws and other regulations.

 

3. Intellectual Property Rights

The Site is built on proprietary technology owned by Viroway Ltd, and it includes the Content that is protected by various intellectual property laws, including copyright and trademark laws. All intellectual property rights related to the Site belong to Viroway Ltd or its licensors. Viroway Ltd retains all rights to the Content and prohibits any reproduction, modification, or distribution of the Content unless explicitly allowed on the Site. The EcoWorld name, logo, and other trademarks used on the Site are the property of Viroway Ltd. You do not gain any rights or licenses to these trademarks or the Site’s trade dress, layout, or design. Viroway Ltd may use any feedback you provide without obligation.

 

4. User-Submitted Content and Materials

When you submit content or materials (“Materials”) to the Site or to Viroway Ltd, you represent that you have all necessary rights and permissions to do so, including any required authorisations from third parties. You also represent that your submission of Materials does not infringe on any intellectual property rights or breach any agreements with third parties. By submitting Materials, you grant Viroway Ltd the rights necessary to use, display, and distribute the Materials as part of the Site.

You further affirm that all information you provide is accurate, that you are who you claim to be, and that your Materials do not contain any false, defamatory, or otherwise unlawful content. You agree not to intentionally provide misleading information or to violate these Terms with your submissions.

 

5. Links to Third-Party Websites

Links to third-party websites provided on the Site are for your convenience only. If you choose to use these links, you will leave the Site and be subject to the terms and policies of those third parties. These links do not imply any endorsement or responsibility on the part of Viroway Ltd for the content or availability of these external sites.

 

6. File Downloads

Viroway Ltd does not guarantee that files available for download through the Site will be free from viruses or other harmful code. You download files at your own risk.

 

7. Disclaimers and Limitation of Liability

VIROWAY LTD AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ECOWORLD AND ITS PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE OBTAINED FROM ECOWORLD, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE CONTENT MAY CONTAIN ERRORS OR INACCURACIES.

TO THE EXTENT PERMITTED BY LAW, VIROWAY LTD AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT, EVEN IF VIROWAY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

IF VIROWAY LTD IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING FROM YOUR USE OF THE SITE OR CONTENT, VIROWAY’S TOTAL LIABILITY WILL NOT EXCEED €100.

 

8. Indemnity Clause

You agree to be responsible for your actions on the Site. You will indemnify, defend, and hold harmless Viroway Ltd, its affiliates, employees, and partners from any claims, damages, losses, or expenses arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.

 

9. Additional Provisions

a. Profiles: If the Site allows you to create a public profile, you must be at least 18 years old, provide accurate information, and comply with applicable laws and community guidelines. We reserve the right to limit features, edit or remove content, or restrict your account at our discretion.

You can manage your personal information through the privacy preferences page at www.ecoworld.ai/legal-information.

b. Customer Terms of Service: If you are a customer or represent a customer of Viroway Ltd, your use of the EcoWorld Subscription Service is subject to the Customer Terms of Service at www.ecoworld.ai/legal-information.

c. EU Digital Services Act of 2024: Information about Viroway's compliance with the European Union Digital Services Act of 2024 is available at www.ecoworld.ai/legal-information, which is for informational purposes only and not part of these Terms.

 

10. General Legal Terms

a. Entire Agreement/No Waiver: These Terms constitute the entire agreement between you and EcoWorld regarding the use of the Site. Any failure by EcoWorld to enforce any part of these Terms does not constitute a waiver of our right to enforce any other part of these Terms.

b. Correction of Errors: The Content on the Site may include typographical errors or inaccuracies. We reserve the right to correct these without prior notice and do not guarantee that errors will be corrected.

c. Governing Law and Jurisdiction: These Terms are governed by the laws of Cyprus, without regard to its conflict of laws principles. You agree to the exclusive jurisdiction and venue of the state or federal courts located in Nicosia, Cyprus, for any disputes arising from or related to the Site or these Terms.

 

Last Updated: August 17th, 2024

Copyright 2024 Viroway Ltd. All rights reserved

 

Claims of Copyright Infringement

DMCA Notifications

Viroway Ltd respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us.

Contact Information:

Viroway Ltd
13 Kypranoros str, Ground Floor, 1061
CY - 2083, Nicosia, Cyprus
Email: legal@viroway.com

Last Updated: August 17th, 2024

This Cookie Policy explains how Viroway Ltd and its affiliated entities (collectively, “EcoWorld.ai”) use cookies and similar tracking technologies to recognize you when you visit our websites, including but not limited to www.ecoworld.ai. This policy outlines what these technologies are, why we use them, and your rights regarding our use of them.

 

What Are Cookies?

Cookies are small text files that are placed on your computer or mobile device when you visit a website. These files help websites remember your device and provide you with a better browsing experience by storing information about your preferences or login status. When you return to a website, cookies allow the site to recognize your browser and tailor your experience accordingly.

Cookies set by the website owner (in this case, EcoWorld.ai) are called “first-party cookies.” Cookies set by parties other than the website owner are known as “third-party cookies.” Third-party cookies enable third-party features or functionalities to be provided on or through the website (such as advertising, interactive content, and analytics). The entities that set these third-party cookies can recognize your device both when it visits our website and when it visits other websites.

 

Why Do We Use Cookies?

We use both first-party and third-party cookies for several reasons:

• Essential Cookies: These cookies are necessary for our websites to function properly. Without these, certain services on the website may not be available.

• Performance and Functionality Cookies: These cookies enhance the performance and functionality of our websites but are non-essential to their operation. However, without these cookies, certain functionalities (like videos) may become unavailable.

• Analytics and Customization Cookies: These cookies collect information that is used in aggregate form to help us understand how our websites are being used or how effective our marketing campaigns are. They also help us customize our websites for you.

• Advertising Cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from appearing repeatedly, ensuring that ads are displayed properly, and in some cases selecting advertisements that are based on your interests.

• Social Networking Cookies: These cookies enable you to share pages and content that you find interesting on our websites through third-party social networks and other websites. They may also be used for advertising purposes.

 

What Types of Cookies Do We Use and How Do We Use Them?

The specific types of first-party and third-party cookies served through our websites and the purposes they perform are detailed below:

• Essential Website Cookies: These are strictly necessary to provide you with services available through our websites.

• Performance and Functionality Cookies: These enhance the performance and functionality of our websites but are non-essential to their use. Without these, certain functionalities may become unavailable.

• Analytics and Customization Cookies: These collect aggregate data to help us understand how our websites are used and to improve our marketing efforts.

• Advertising Cookies: These help make advertising more relevant to you by personalizing the ads you see.

• Social Networking Cookies: These enable you to share content on social media platforms.

For a detailed list of the cookies we use, please visit our Cookie List.

 

How Can I Control Cookies?

You have the right to decide whether to accept or reject cookies. You can adjust your cookie preferences by clicking on the appropriate opt-out links or by modifying your web browser settings.

Most web browsers allow you to control cookies through their settings. If you choose to reject cookies, you may still use our website, but your access to some functionality and areas of the site may be restricted. For more information on managing cookies, consult your browser’s help menu.

Additionally, most advertising networks offer a way to opt out of targeted advertising. For more information, visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You can also opt out by visiting http://optout.aboutads.info/ or http://optout.networkadvertising.org/. Please note that opting out does not mean you will no longer see ads; it means the ads you see will be less relevant to your interests.

 

Essential Website Cookies: As these cookies are necessary to deliver our websites to you, you cannot refuse them. However, you can block or delete them by changing your browser settings as described above.

To remove EcoWorld.ai’s tracking cookies from your browser, click here.

 

What About Other Tracking Technologies Like Web Beacons?

Cookies are not the only way to recognize or track visitors to a website. We also use other, similar technologies, such as web beacons (also known as tracking pixels or clear gifs). These are tiny graphics files that contain a unique identifier that enables us to recognize when someone has visited our websites or opened an email that we have sent them. This allows us to monitor user behavior and gauge the effectiveness of our content and marketing campaigns.

 

Do You Use Flash Cookies or Local Shared Objects?

The Adobe Flash Player (and similar applications) uses technology to remember settings, preferences, and usage in a manner similar to browser cookies, but these are managed differently. These locally stored objects are often referred to as “Flash cookies.” EcoWorld.ai does not use Flash cookies. However, our clients may create pages on the EcoWorld.ai platform that use Flash cookies. EcoWorld.ai does not have access to or control over these cookies, but you can manage Flash cookies via Adobe’s web site directly here.

Similarly, our clients may create pages using the EcoWorld.ai Subscription Service that use other tracking technologies, such as cookies and web beacons. The use of these technologies by our clients is not covered by our Cookie Policy. We do not have control over third-party cookies or trackers our clients use.

 

Do You Serve Targeted Advertising?

Third parties may serve cookies on your computer or mobile device to display advertising through our websites. These companies may use information about your visits to this and other websites to show you ads that are relevant to your interests. They may also use technologies that measure the effectiveness of advertisements. This can include using cookies or web beacons to collect information about your visits to this and other sites to display ads for goods and services that may interest you. The information collected through this process does not enable us or them to identify you personally, like your name or contact details, unless you choose to provide them.

 

How Often Will You Update This Cookie Policy?

We may update this Cookie Policy from time to time to reflect changes to the cookies we use or for other operational, legal, or regulatory reasons. We will notify you of any material changes to this Cookie Policy by posting the revised policy on this page and providing a more prominent notice on our website or through email notifications. We encourage you to review this policy periodically to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

 

Where Can I Get Further Information?

If you have any questions about our use of cookies or other technologies, please email us at privacy@ecoworld.ai.

Last Updated: August 17th, 2024

The Digital Services Act (DSA) is a legal framework for providers of digital services in the European Union (EU).  In order to create a safe, predictable, and trustworthy online environment, the DSA aims to create a single set of rules across the EU’s Member States governing the transparency and accountability obligations of intermediary services.  Viroway Ltd has a commitment to creating a safe and positive place online for our customers and their customers and end users, and we view the DSA as a continuation of that commitment.

 

Information on Users in the EU

Under Article 24(2) of the DSA, online platforms are required to publish information on the average monthly active recipients of their service in the EU every six months. This requirement is for the purpose of determining whether an online platform is a “Very Large Online Platform” (VLOP), which the DSA defines as having at least 45 million monthly active users in the EU. We have concluded that all of the following Viroway products have fewer than 45 million average monthly active users in the EU:

ecoworld.ai
EcoWorld App

 

Single Point of Contact

Articles 11 and 12 of the DSA require providers of intermediary services, including online platforms, to designate a single point of contact to enable direct communication with users in the EU, the European Commission, EU Member States’ authorities, and the European Board for Digital Services regarding the application of the DSA. These parties may contact Viroway regarding the DSA at legal@viroway.com.  Communications with this email address should be made in English, but if necessary we will work with you to accommodate communication in another language.

 

Notice and Action

Pursuant to Article 16 of the DSA, government representatives, trusted flaggers, and the general public can submit notices to Viroway concerning illegal content at the following page.  Regarding viroway.com, ecoworld.ai, the EcoWorld APP and EcoWorld Ecosystem, government representatives, trusted flaggers, and the general public can submit notices to Viroway concerning illegal content found at any of these sites by selecting the “report post” link above the comment that is being reported or email us at legal@viroway.com. We generally notify reporters of our action and allow them to appeal our decision if they disagree with it. 

 

Content Moderation

Our Acceptable Use Policy (AUP) prohibits use of Viroway, ecoworld.ai, the EcoWorld APP, and EcoWorld Ecosystem (together, the “Viroway Service”) with content or in a manner that promotes, encourages, or facilitates: illegal activity, hate speech, threatening or abusive behavior, violence, infringing content, or discrimination based on characteristics such as race, color, religion or creed, national or ethnic origin, sex, sexual orientation, marital status, gender or identity expression, parental status, age, physical or mental disability, political affiliation , and other characteristics protected by law.  Organizations or individuals who promote, encourage, or facilitate such content, either through their own content or through distribution of other user-generated content, are prohibited from using Viroway's products and services, regardless of whether the Viroway Service is used specifically for those prohibited activities. 

We rely on our content moderation program to help us identify, review, and take action when Viroway users violate these restrictions in our AUP or usage guidelines. As part of this program, we’ve developed an internal content policy and guidelines to help us ensure we’re enforcing our AUP equitably and uniformly across our entire customer base. Our policy and guidelines set out a consistent approach for identifying prohibited content, applying objective criteria for evaluating content, and establishing a hierarchy for labeling content that is centered around risks to Viroway users. 

Our multi-member Content Review Committee is composed of diverse leaders from different departments and locations of Viroway. It is responsible for reviewing reports regarding illegal content and determining what actions to take. The Viroway content moderation program is intended to help us make decisions about certain users of our platform and the content we allow (and don't allow). It also helps us live up to our core values and principles as a company. We also allow owners of content which is taken down to be able to appeal our decision if they disagree with it. 

 

Transparency report

Our DSA transparency report will be available on the viroway.com site beginning February 2025. This report will include data for content, users, and reporters across the EU member states. Within and beyond the framework of the DSA, Viroway will continue to work on ways to provide a positive experience for our users, give people more control, and build on our transparency measures to further our goal of creating a safe and positive space online.

These Customer Terms of Service constitute a binding agreement that governs your use of the services provided by Viroway Ltd through its EcoWorld.ai platform and other related services. The agreement consists of the following documents:

1. General Terms: These are the primary legal and commercial terms that apply to your use of our products and services. Any references to the Master Terms refer to these General Terms.
2. Product-Specific Terms: These terms include any additional provisions that apply specifically to each of our product offerings, consulting services, and third-party services.
3. Data Processing Agreement (DPA): This document outlines how we handle your data, including compliance with the EU Standard Contractual Clauses.
4. Acceptable Use Policy (AUP): This policy sets out the guidelines for what you are permitted to do—and what you must not do—while using our products and services.

Your Order Form is the official document approved by Viroway Ltd, created after you purchase one of our products or services through our online payment process or via in-app purchase. It details your purchase, including your subscription term, the specific products and services purchased, and the applicable fees. You can access your Order Form(s) in the Accounts and Billing section of your EcoWorld.ai account. For more information on how to locate your Order Form, invoices, and receipts, please refer to our knowledge base article at EcoWorld.ai Knowledge Base.

We strive to make these documents as clear and easy to understand as possible. However, due to legal requirements, some language may still be more formal and technical. By using the Subscription Service or receiving the Consulting Services, you agree to abide by these terms.

These terms may be updated periodically. If you have an active subscription with EcoWorld.ai, we will notify you of any updates to the terms either via in-app notification or by email (if you are subscribed to receive such updates). Archived versions of the General Terms, Product-Specific Terms, Jurisdiction-Specific Terms, and DPA can be found in our legal archives.

Effective Date: August 17th, 2024

1. DEFINITIONS

“Add-Ons” refer to additional product enhancements  available for purchase and listed under the ‘Add-Ons’ and ‘Technical Limits and Definitions’ sections of our Products and Services Catalog.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For this definition, “control” refers to direct or indirect ownership or control of more than 50% of the voting interests of the entity in question.

“Agreement” or “Customer Terms of Service” refers to these General Terms along with all documents referred to or linked within, unless otherwise specified. Throughout this Agreement, we may reference knowledge base articles to assist in your use of our products and services; however, these articles are provided solely for your information and are not incorporated into this Agreement.

“Authorized Payment Method” refers to any valid payment method accepted by us, as updated from time to time, and may include payments made through third-party accounts.

“Billing Period” denotes the duration for which you prepay fees under an Order Form. This period may be equivalent to the subscription term specified in the Order Form, or it may be shorter. For instance, if you subscribe to the Service for one year and pay upfront, the Billing Period will be 12 months.

“Confidential Information” includes any confidential information disclosed by a party and its Affiliates (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, and marked as confidential or which a reasonable person would deem confidential. This includes, but is not limited to, customer information, product details, business plans, financial data, and the terms of this Agreement. Confidential Information does not include information that (i) is publicly known without breach of an obligation, (ii) was known by the Receiving Party prior to disclosure, (iii) is disclosed by a third party without breach, or (iv) is independently developed by the Receiving Party. For the purpose of this Agreement, Customer Data will always be considered Confidential Information, whether marked as such or not.

“Contact” refers to any individual (excluding Users) whose Contact Information is stored by you within the Subscription Service.

“Contact Information” includes details such as name, email address, phone number, online usernames, and similar data submitted by visitors to your landing pages or uploaded by you to the Subscription Service.

“Consulting Services” encompasses professional services provided by us, including training, installation, integration, or other consulting-related services.

“Customer Data” refers to all information that you submit or collect through the Subscription Service. This does not include EcoWorld Content.

“Customer Materials” refers to any materials that you provide, post, upload, input, or submit for public display through the Subscription Service.

“DPA” refers to the Data Processing Agreement provided by Viroway Ltd, which explains how we handle and protect your data in compliance with applicable regulations.

“Email Send Limit” refers to the number of emails you are allowed to send in a given calendar month, as detailed in the Product Specific Terms.

“Free Services” refer to the Subscription Service or other products and features made available to you on a trial or free-of-charge basis.

“EcoWorld Content” refers to all information, data, text, software, media, and graphics that we incorporate into the Subscription Service or Consulting Services.

“Jurisdiction-Specific Terms” refers to additional terms that apply to your subscription based on your geographical location. These terms are an integral part of this Agreement.

“Order” or “Order Form” refers to the approved form or online process through which you subscribe to the Subscription Service and purchase Consulting Services.

“Personal Data” refers to any information related to an identified or identifiable individual that is contained within Customer Data and protected under applicable Data Protection Laws.

“Privacy Policy” refers to the Privacy Policy provided by Viroway Ltd, which outlines how we collect, use, and protect your personal information.

“Product and Services Catalog” refers to the catalog provided by Viroway Ltd that details the products and services available, including any updates.

“Product Specific Terms” refers to the additional terms specific to the use of Viroway products, Consulting Services, and Third-Party Products. These terms are part of the Agreement.

“Subscription Fee” refers to the payment you make for accessing and using the Subscription Service.

“Subscription Service” refers to all web-based applications, tools, and platforms that you subscribe to under an Order Form, developed, operated, and maintained by us, and accessible via EcoWorld.ai or another designated URL. Ancillary products and services we provide, including website hosting, also fall under this definition. Note that certain services, like EcoWorld Payments, are excluded from the Subscription Services and governed separately.

“Subscription Term” refers to the period during which you subscribe to the Subscription Service, including the Initial Term and any subsequent Renewal Terms. Your “Current Term” is the active subscription period, either as the Initial Term or a Renewal Term. For Free Services, the Subscription Term is the period during which you have an active account.

“Third-Party Products” refers to non-embedded products and professional services provided by third parties that interoperate with or are used in connection with the Subscription Service.

“Third-Party Sites” refers to external websites linked from within the Subscription Service, including any associated services.

“Total Committed Subscription Value” refers to the total Subscription Fees paid or payable during your Current Term for all your EcoWorld accounts, excluding renewals, Consulting Services, and taxes.

“Users” refers to your employees, representatives, consultants, contractors, or agents who are authorized to use the Subscription Service on your behalf and have unique user IDs and passwords.

“Viroway,” “we,” “us,” or “our” refers to Viroway Ltd, the entity providing the Subscription Service.

“You,” “your,” or “Customer” refers to the individual or entity using the Subscription Service or receiving the Consulting Services, as identified in the account records, billing statement, or Order Form.

 

2. USE OF SERVICES

2.1 Access

During the Subscription Term, we will provide your Users with access to the Subscription Service as described in this Agreement and the applicable Order. We may also provide access to Free Services through your EcoWorld account. Certain elements of the Subscription Service may be provided by third-party service providers.

You are responsible for ensuring that all access, use, and receipt of the Subscription Service by your Users comply with this Agreement. You may allow your Affiliates’ Users to access and use the Subscription Service or receive Consulting Services, provided that all such use complies with this Agreement. You will remain liable for your Affiliates’ compliance.

You must promptly notify us of any unauthorized use of your Users’ IDs, passwords, or accounts by following the instructions provided in our support documentation.

 

2.2 Additional Features

You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the features from within your EcoWorld account, if this option is available. This Agreement applies to all additional Orders and features you activate.

 

2.3 Availability and Uptime

Details regarding our Service Uptime Commitment can be found in the Product Specific Terms.

 

2.4 Limits

The limits applicable to your use of the Subscription Service will be specified in your Order Form, this Agreement, or our Product and Services Catalog. These limits may also be designated within the product itself. For more details, refer to the Product Specific Terms.

You must be at least 18 years old to use the Subscription Service.

 

2.5 Downgrades

Depending on your EcoWorld product, you may be eligible to downgrade your subscription. Details regarding downgrade terms are available in the Product Specific Terms.

 

2.6 Modifications

We may modify the Subscription Service from time to time, including by adding or removing features, in an effort to improve your experience. For more information on our modification rights, see the Product Specific Terms.

 

2.7 Customer Support

Information on customer support terms for your subscription is detailed in the Product Specific Terms.

 

2.8 Acceptable Use

You agree to comply with our Acceptable Use Policy, which outlines the rules for using the Subscription Service.

 

2.9 Prohibited and Unauthorized Use

You agree not to use the Subscription Service in a manner that violates the Acceptable Use Policy or for any unlawful purpose. This includes, but is not limited to, reverse engineering, disassembling, or otherwise attempting to discover the source code of the Subscription Service, and any unauthorized modifications or derivatives of the Service. You may not use the Subscription Service if prohibited by law in your jurisdiction or in violation of specific regulations, such as COPPA, HIPAA, or others.

 

2.10 Sensitive Data

If you enable Sensitive Data functionality within your account, the terms of the Viroway Sensitive Data Agreement will apply. These terms govern how you may use the Subscription Service to process sensitive information.

 

2.11 Customer Responsibilities

To maximise the value of the Subscription Service and Consulting Services, your active participation is required. You may need to provide resources like project managers, content creators, sales sponsors, and technical experts. Your responsibilities may include planning marketing programs, setting content calendars, and integrating the Subscription Service with other systems.

 

2.12 Free Trial

If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis at no cost until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the trial period, all data you’ve entered into the Subscription Service during the trial may be permanently deleted at the end of the trial, and we will not be able to recover it. Additional terms and conditions provided on the trial registration page will also apply.

 

2.13 Legacy Products

If you are using a legacy EcoWorld product, some features and limits may differ from those specified in these General Terms, Product Specific Terms, or the Product and Services Catalog. We may choose to transition you to current products at any time. If you wish to upgrade from a legacy product to a current version, a new Order will be required.

 

3. FEES

3.1 Subscription Fees

The Subscription Fee will remain fixed during your Current Term unless (i) you exceed your Maximum Contacts or other applicable limits, (ii) you upgrade your products or base packages, (iii) you subscribe to additional features or products, including additional Contacts, or (iv) otherwise agreed to in your Order. We may also reduce your fees upon written notice. Details about how your fees may be adjusted are provided in the Product Specific Terms.

 

3.2 Fee Adjustments at Renewal

Upon renewal, we may increase your Subscription Fees to match our then-current list price as outlined in our Product and Services Catalog. If this applies to you, we will notify you at least thirty (30) days before your renewal date, and the new fees will take effect at the start of the next Renewal Term. If you do not agree to the increase, either party may choose to terminate the subscription at the end of the Current Term by providing the required notice, as outlined in the ‘Notice of Non-Renewal’ section. See the Product Specific Terms for information on renewals that may have different notice requirements.

 

3.3 Payment of Fees

If you pay by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You also authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third parties.

If your payment attempt fails (e.g., due to an expired credit card), we may retry charging your Authorized Payment Method. If you update your payment information, we will automatically resume billing. If we are unable to successfully charge a valid Authorized Payment Method, we may suspend your access to the Subscription Service or terminate your account as described in the ‘Suspension for Non-Payment’ section.

 

3.4 Payment Against Invoice

All amounts invoiced are due and payable within thirty (30) days from the date of the invoice unless otherwise specified in the Order Form. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the fees are due during the Subscription Term, such as before the beginning of the next Renewal Term.

 

3.5 Payment Information

You agree to keep your business information up to date, including your company name, address, and primary contact. You also agree to keep your Authorized Payment Method and billing information current for payment of all fees. Changes can be made on your Billing Page within your EcoWorld account. You authorize us to continue charging your Authorized Payment Method for applicable fees during your Subscription Term until all outstanding fees are paid in full. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except as provided in this Agreement.

 

3.6 Sales Tax

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes related to your use of the Subscription Service and Consulting Services. You are not liable for taxes based on our gross revenue or net income. If you are in the European Union, all fees are exclusive of VAT. If you do not provide a VAT registration number before the transaction, we will not issue refunds or credits for VAT that was charged. For Canadian customers, all fees are exclusive of GST, PST, and HST.

 

3.7 Withholding Tax

If you are required by law to deduct or withhold taxes from payment of your invoice, you may do so to the extent required by law (“Deduction Amount”). You will not be required to repay the Deduction Amount to us if you provide us with a valid tax receipt verifying payment to the relevant tax authority within ninety (90) days of the invoice date. Failure to provide this tax receipt may result in the entire amount, including the Deduction Amount, becoming due and payable, and your account may be suspended or terminated for non-payment.

 

4. TERM AND TERMINATION

4.1 Term and Renewal

Your Initial Term will be specified in your Order Form, and unless otherwise stated, your subscription will automatically renew for the same duration as your prior term or one year, whichever is shorter.

 

4.2 Notice of Non-Renewal

Unless otherwise specified in your Order Form, either you or we must provide written notice of non-renewal to prevent the automatic renewal of your subscription. The deadline for sending this notice varies based on the EcoWorld product or edition you have subscribed to. For more details on non-renewal periods, refer to the Product Specific Terms. If you choose not to renew, you can send your non-renewal notice by turning off auto-renewal in your EcoWorld account or by following the steps provided in our knowledge base article.

 

4.3 Early Cancellation

You may choose to cancel your subscription early at your convenience; however, no refunds will be provided for prepaid fees or unused Subscription Services, and you will be required to pay all unpaid fees due through the end of your Current Term.

 

4.4 Termination for Cause

Either party may terminate this Agreement for cause with thirty (30) days’ notice if the other party commits a material breach and fails to remedy it within that period, or immediately if the other party becomes insolvent, files for bankruptcy, or ceases business operations. We may also terminate the Agreement for cause with thirty (30) days’ notice if we determine that your actions negatively impact us, our customers, or prospects.

 

This Agreement cannot be terminated before the end of your Current Term unless specified here.

 

4.5 Suspension

4.5.1 Suspension for Prohibited Acts

We may suspend any User’s access to the Subscription Service without notice for (i) any use of the Subscription Service that violates local, state, federal, or foreign laws or regulations or this Agreement, (ii) use of our email services that results in excessive bounces, SPAM complaints, or removal requests from recipients, or (iii) repeated infringement or alleged infringement of copyright or trademark rights. We may review and delete any Customer Data or Materials that we determine in good faith violate these terms or our Acceptable Use Policy. However, we have no obligation to prescreen, monitor, or edit your Customer Data or Materials unless required by law.

 

4.5.2 Suspension for Non-Payment

We will provide notice of non-payment before suspending your access to the Subscription Service. Unless the full amount due is paid within ten (10) days after the notice, we may suspend your access. We will not suspend the Service while you are disputing the charges in good faith and are cooperating to resolve the dispute. If the Subscription Service is suspended for non-payment, we may charge a reactivation fee to reinstate the Service.

 

4.5.3 Suspension for Present Harm

If your website or use of the Subscription Service (i) is subject to denial-of-service attacks or other disruptive activities, (ii) is used to engage in such activities, (iii) creates a security vulnerability, (iv) consumes excessive bandwidth or storage, or (v) causes harm to us or others, we may suspend your access to the Service with electronic or telephonic notice. We will limit the suspension to the affected portion of the Service and work to resolve the issues promptly. This clause does not limit our right to terminate the Agreement for cause if your actions negatively affect us, our customers, or prospects.

 

4.5.4 Suspension and Termination of Free Services

We may suspend, limit, or terminate Free Services for any reason, at any time, without notice. We may also terminate your Free Services subscription due to inactivity.

 

4.6 Effect of Termination or Expiration

If your paid subscription is terminated or expires, we will continue to provide you access to our Free Services, unless your Agreement was terminated for cause. You will continue to be subject to this Agreement as long as you have access to an EcoWorld account.

Upon termination or expiration of this Agreement, you must cease all use of the Subscription Service and EcoWorld Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you must promptly pay all unpaid fees due, and no refunds will be provided.

 

5. CUSTOMER DATA

5.1 Customer’s Proprietary Rights

You retain all rights to the Customer Materials and Customer Data. This Agreement does not transfer ownership of any Customer Materials or Data to us. You grant us permission to use these materials and data only as necessary to provide the Subscription Service and Consulting Services and as otherwise allowed by this Agreement. If you are using the Service on behalf of another party, you represent that you have the necessary rights and permissions to do so.

 

5.2 Limits on Viroway Ltd.

We will not use Customer Data to contact any individual or company except as you direct or otherwise permit. We will only use Customer Data as necessary to provide the Subscription Service and Consulting Services to you, in compliance with applicable laws and this Agreement.

 

5.3 Data Practices and Machine Learning

5.3.1 Usage Data

We may collect information about you and your Users when you interact with the Subscription Service. This information may be used to improve the service and as outlined in this Agreement.

 

5.3.2 Machine Learning

We may use Customer Data for machine learning purposes to enhance and develop features and functionality within the Subscription Service and related products. You authorize us to use Customer Data for these purposes. If you wish to opt-out of having your data used for machine learning, you may do so by contacting us via email at privacy@viroway.com.

For more details on our machine learning practices and AI products, please visit our AI Product FAQ, which is provided for informational purposes and is not incorporated into the legal terms of this Agreement.

 

5.3.3 Privacy Policy

For further information on how we handle your data, please review our Privacy Policy.

 

5.4 Protection of Customer Data

The terms of our Data Processing Agreement (DPA) are incorporated by reference into this Agreement and will apply to any Customer Data that includes Personal Data. The DPA details how we process Personal Data on your behalf in connection with the Subscription Services. We will maintain commercially reasonable administrative, physical, and technical safeguards to protect Personal Data as described in the DPA, including our Security Measures.

 

5.5 Regional Data Hosting

We will store your Customer Data in a specific region or location (e.g., North America, Europe) as part of your subscription, subject to the terms of this Agreement and our Regional Data Hosting Policy.

 

5.6 Customer Data Transfers

We and our Affiliates may transfer Customer Data (including Personal Data) to the United States in connection with the Subscription Service. To the extent that we process Personal Data subject to European Data Protection Laws in the United States, we will do so in compliance with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as described in our DPA. For more information, please refer to our Privacy Policy.

 

5.7 Retention, Deletion, and Retrieval of Customer Data

For details regarding the retention and deletion of Customer Data, please see the relevant section of our DPA. You can learn more about your rights to retrieve Customer Data from your EcoWorld account in the ‘Retrieval of Customer Data’ sections specified in our Product Specific Terms.

 

6. INTELLECTUAL PROPERTY

6.1 No Software License

This Agreement grants you access to the Subscription Service, but it does not transfer any license to the software underlying the Subscription Service. All intellectual property rights to the EcoWorld Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement remain with Viroway Ltd. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the EcoWorld Content, Subscription Service, or Consulting Services, in whole or in part, unless expressly authorized in writing by us. Our trademarks, including those listed on our trademarks page, are protected and may not be used without our prior written permission.

 

6.2 Suggestions and Feedback

We welcome your comments and suggestions for improving the Subscription Service or Consulting Services. You agree that all such feedback will be non-confidential, and we will own all rights to use and incorporate them into the Subscription Service or Consulting Services without any obligation to you.

 

7. CONFIDENTIALITY

7.1 Confidentiality Obligations

The Receiving Party agrees to: (i) protect the confidentiality of the Disclosing Party’s Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care, (ii) use the Confidential Information only for purposes of fulfilling its obligations under this Agreement, (iii) not disclose the Confidential Information to any third party except for those third-party service providers used to provide some or all elements of the Subscription Service or Consulting Services, and (iv) limit access to the Confidential Information to those employees, contractors, and agents who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

 

7.2 Compelled Disclosure

The Receiving Party may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule, or regulation, subpoena, or legal process, provided that: (i) the Receiving Party gives the Disclosing Party prompt notice of the disclosure requirement, if legally permitted, so that the Disclosing Party may seek a protective order or other appropriate remedy, (ii) the Receiving Party discloses only the minimum amount of Confidential Information necessary to comply with the requirement, and (iii) the Receiving Party uses reasonable efforts to obtain confidential treatment for any disclosed Confidential Information.

 

8. PUBLICITY

You grant us the right to use your company name and logo as part of our customer list and on our website. You may opt out of this use by filling out the Publicity Opt-Out form available on our website.

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold Viroway Ltd and its Affiliates harmless, at your expense, from any third-party claims, suits, actions, or proceedings (each, an “Action”) brought against us or our officers, directors, employees, agents, service providers, licensors, or Affiliates, to the extent that such Action is based on or arises out of: (a) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (b) your or your Affiliates’ non-compliance with or breach of this Agreement, (c) your or your Affiliates’ use of Third-Party Products, or (d) unauthorized use of the Subscription Service by any other person using your User information. We will: notify you in writing within thirty (30) days of becoming aware of any such claim, give you sole control of the defense or settlement of the claim, and provide you (at your expense) with all necessary information and assistance to handle the defense or settlement of the claim. You may not settle any claim that imposes liability on us without our prior written consent.

 

10. DISCLAIMERS; LIMITATION OF LIABILITY

10.1 Performance Warranty

We warrant that: (i) the Subscription Service and Consulting Services will be provided in accordance with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service. This warranty does not apply if you only use the Free Services.

In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct the non-conformance. If we cannot correct the issue within sixty (60) days from the date you notified us, either party may terminate this Agreement by providing written notice within thirty (30) days after the end of this remedy period. If you terminate the Agreement under these circumstances, we will refund any prepaid but unused fees covering use of the Subscription Service after termination. This section outlines our entire liability and your sole remedy concerning any breach of this performance warranty.

 

10.2 Disclaimer of Warranties

EXCEPT AS PROVIDED IN THE ‘PERFORMANCE WARRANTY’ SECTION AND SUBJECT TO OUR OBLIGATIONS UNDER THE ‘PROTECTION OF CUSTOMER DATA’ SECTION, VIROWAY LTD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY, OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, THE DATA PROVIDED THROUGH THE SUBSCRIPTION SERVICE, ECO-WORLD CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APIs MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, ECO-WORLD CONTENT, AND CONSULTING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

10.3 No Indirect Damages

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION WILL NOT APPLY IF YOU ONLY USE THE FREE SERVICES.

 

10.4 Limitation of Liability

EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR INDEMNIFICATION OBLIGATIONS, AND YOUR LIABILITY FOR VIOLATING OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS FOUND TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES, OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION WILL NOT APPLY IF YOU ONLY USE THE FREE SERVICES, IN WHICH CASE, IF WE ARE FOUND TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100).

 

10.5 Third-Party Products

WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

 

10.6 Agreement to Liability Limit

YOU UNDERSTAND AND AGREE THAT WITHOUT YOUR ACCEPTANCE OF THESE LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO PROVIDE THE SUBSCRIPTION SERVICE TO YOU.

 

11. MISCELLANEOUS

11.1 Amendment; No Waiver

We may modify any part of this Agreement by posting a revised version on our website at https://legal.ecoworld.ai. The revised version will become effective and binding the next business day after it is posted. We will notify you of significant changes via email or an in-app notification. If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you provide such notice, your subscription will continue to be governed by the terms and conditions of the Agreement before modification until your next renewal date, after which the updated terms will apply. However, if we can no longer reasonably provide the Subscription Service under the prior terms, the Agreement will terminate upon our notice to you, and we will refund any prepaid but unused fees covering use of the Subscription Service after termination.

No delay in exercising any right or remedy or failure to object will be a waiver of that right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

 

11.2 Force Majeure

Except for payment obligations, neither party will be liable for failure or delay in performance if caused by circumstances beyond its reasonable control, including but not limited to acts of war, acts of God, natural disasters, government restrictions, or disruptions in telecommunications or internet services. Each party will make reasonable efforts to mitigate the effects of such a force majeure event.

 

11.3 Actions Permitted

Except for actions related to nonpayment or infringement of a party’s proprietary rights, no action arising out of or related to this Agreement may be brought more than one (1) year after the cause of action has accrued.

 

11.4 Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, or agency relationship between the parties.

 

11.5 Compliance with Laws

We will comply with all applicable Cyprus laws in our provision of the Subscription Service and Consulting Services, including processing Customer Data. We reserve the right to disclose any information necessary to comply with any law, regulation, legal process, or governmental request.

You agree to comply with all applicable laws in your use of the Subscription Service and Consulting Services, including any export laws. You must ensure compliance with all applicable laws regarding the recording of phone calls and obtain all necessary consents before making any recordings. You agree to comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury in your use of the Subscription Service and Consulting Services. You may not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals.

 

11.6 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

 

11.7 Notices

To Viroway Ltd: Notices should be sent to the contact address specified in the Jurisdiction-Specific Terms and will be considered delivered when received.

To You: Notices will be sent to the address provided in your EcoWorld Subscription account information. We may also provide notices via general notifications within the Subscription Service, email to your registered email address, or phone calls to your registered phone number. It is your responsibility to keep your contact information up to date.

 

11.8 Entire Agreement

This Agreement (including each Order), along with our Privacy Policy, constitutes the entire agreement between us concerning the Subscription Service and Consulting Services. It supersedes all prior agreements, proposals, or communications, whether electronic, oral, or written. We object to any additional or different terms proposed by you, including those contained in your purchase order, acceptance, supplier portal, or website. Our obligations are not contingent on the delivery of future functionality or features. The English version of this Agreement will govern our relationship, and any translated version is provided for convenience only and will not modify the English version.

 

11.9 Assignment

You may not assign or transfer this Agreement without our prior written consent, except in cases of merger, reorganization, sale of assets, change of control, or operation of law, provided the successor is not a competitor of ours. We may assign this Agreement to any Viroway Ltd Affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law.

 

11.10 No Third-Party Beneficiaries

Nothing in this Agreement is intended to or will confer any rights, benefits, or remedies to any third party under or by reason of this Agreement.

 

11.11 Contract for Services

This Agreement is for the provision of services and not for the sale of goods. The Uniform Commercial Code (UCC), Uniform Computer Information Transaction Act (UCITA), or any similar legislation does not apply. If you are located outside the United States, the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties.

 

11.12 Authority

Each party represents and warrants that it has the authority to enter into this Agreement and that it is binding and enforceable against such party according to its terms. You also represent that you have the authority to ensure your Affiliates comply with this Agreement.

 

11.13 Insurance

During the term of this Agreement, we will, at our own cost, maintain liability insurance with reputable insurers with A.M. Best ratings of at least A (VII) or better, covering the following:

• Commercial General Liability Insurance (Primary & Umbrella) or equivalent, with minimum limits of €1,000,000 Each Occurrence and €2,000,000 Aggregate;
• Workers’ Compensation & Employers Liability Insurance (as required by state law), with minimum limits of $500,000 Each Accident, €500,000 Disease-Policy Limit, and €500,000 Disease-Each Employee;
• Professional Liability (cyber/errors and omissions liability insurance), with a limit of €5,000,000;
• Umbrella/Excess Liability Insurance, with a minimum limit of €2,000,000.

 

11.14 U.S. Government Entities

If you are a U.S. local, state, or federal government entity, including public institutions of higher education, that uses EcoWorld products or services, then the Viroway Government Customer Additional Terms will apply to this Agreement. These terms will govern in the event of any conflict with this Agreement.

 

11.15 Survival

The following sections will survive the termination or expiration of this Agreement: ‘Definitions,’ ‘Fees,’ ‘Prohibited and Unauthorized Use,’ ‘Early Cancellation,’ ‘Termination for Cause,’ ‘Suspension for Prohibited Acts,’ ‘Suspension for Non-Payment,’ ‘Suspension for Present Harm,’ ‘Suspension and Termination of Free Services,’ ‘Effect of Termination or Expiration,’ ‘Intellectual Property,’ ‘Customer’s Proprietary Rights,’ ‘Confidentiality,’ ‘Publicity,’ ‘Indemnification,’ ‘Disclaimers; Limitations of Liability,’ ‘Miscellaneous,’ and ‘Contracting Entity and Applicable Law.’ Additionally, the ‘Retrieval of Customer Data’ and ‘Beta Services’ sections of the Product Specific Terms will survive termination.

 

11.16 Precedence

In the event of a conflict between this Agreement and an Order, the terms of the Order will control but only as to that specific Order.

 

APPENDIX 1

 

ADDITIONAL COVERAGE TERMS

If your Total Committed Subscription Value exceeds thirty-five thousand U.S. dollars (USD $35,000), these Additional Coverage Terms will apply. If your Total Committed Subscription Value is below this threshold, these terms will not apply. We may update or revise these terms in the same manner as outlined in the ‘Amendment; No Waiver’ section of the General Terms.

 

1. Viroway Indemnification

We will indemnify, defend, and hold you harmless, at our expense, against any Action brought against you (and your officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with you, to the extent that such Action arises from or relates to (1) a claim that the Subscription Service infringes a valid patent in a member state of the Patent Cooperation Treaty, a registered trademark, or a registered copyright (“IP Indemnification”), or (2) our breach of confidentiality obligations or our misuse of Customer Data in violation of this Agreement (“Confidentiality and Data Misuse Indemnification”).

You agree to: notify us in writing within thirty (30) days of becoming aware of such a claim; allow us to have sole control over the defense or settlement of the claim; and provide us (at our expense) with all necessary information and assistance to manage the defense or settlement. We will not accept any settlement that (i) imposes an obligation on you; (ii) requires you to make an admission; or (iii) imposes liability not covered by these indemnifications or restricts you in any way without your prior written consent.

We will have no obligation or liability under this section if the claim is caused by or based on: (i) any combination of the Subscription Service with hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification made by us based on your specifications or instructions, (iii) use of the Subscription Service in violation of or outside the scope of this Agreement, (iv) an allegation that the Subscription Service involves a function, system, or method commonly used in marketing, sales, or service software that is not commercially unique to the Subscription Service, and the commercially unique aspects are not identified in the claim, or (v) user interface or related design elements not provided by us.

If such a claim arises, or if we believe it is likely, we may, at our sole discretion and expense: (a) modify the Subscription Service or provide a substitute service that is non-infringing; (b) obtain a license or permission for you to continue using the Subscription Service at no additional cost; or (c) if neither option (a) nor (b) is commercially practicable, terminate your access to the Subscription Service (or part of it) to resolve the claim and refund any prepaid but unused fees covering the period after termination in accordance with the ‘Effect of Termination or Expiration’ section of this Agreement. THIS SECTION CONSTITUTES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM COVERED UNDER THIS SECTION.

 

2. Limitation of Liability

The ‘Limitation of Liability’ subsection in the ‘Disclaimers; Limitations of Liability’ section of the General Terms is revised as follows:

“EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE ‘VIROWAY INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATING OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES, OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.”

 

APPENDIX 2

 

U.S. GOVERNMENT CUSTOMER ADDITIONAL TERMS

If you are a U.S. local, state, or federal government entity, including public institutions of higher education, that uses EcoWorld products or services (referred to as a “Government Customer”), these Viroway Government Customer Additional Terms will apply. We may update or revise these terms in the same manner as described in the ‘Amendment; No Waiver’ section of our General Terms.

These terms apply as required by applicable law.

1. Government Customer Purpose

Government Customers may only use the Subscription Service and Consulting Services for governmental-related purposes. These terms do not apply if the Subscription Service and/or Consulting Services are used for private, personal, or non-governmental-related purposes.

 

2. Indemnification

The Government Customer’s indemnification obligations, as stated in the ‘Indemnification’ section of the General Terms, will apply only to the extent permitted by applicable law.

 

3. Limitation of Liability

The ‘Limitation of Liability’ subsection in the ‘Disclaimers; Limitations of Liability’ section of the General Terms applies to the extent permitted by applicable law. The following sentence is added to the end of the ‘Limitation of Liability’ subsection in the ‘Disclaimers; Limitations of Liability’ section of the General Terms, or to the amended ‘Limitation of Liability’ section in the Viroway Additional Coverage Terms in Appendix 1 to the General Terms, if applicable:

“HOWEVER, THIS LIMITATION DOES NOT APPLY TO EITHER PARTY’S LIABILITY ARISING FROM NEGLIGENCE THAT RESULTS IN BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY.”

 

4. Contracting Entity and Applicable Law

The ‘Contracting Entity and Applicable Law’ section of the Jurisdiction Specific Terms is revised as follows:

You are contracting with Viroway Ltd, and this Agreement is governed by the laws applicable to you as a Government Customer, or if no such laws are specified, then by the laws of the Cyprus, without reference to conflict of laws principles. The Government Customer agrees that Viroway Ltd has standing and privity of contract to bring a claim directly against the Government Customer in a court or body of competent jurisdiction.

Effective Date: August 17th, 2024

 

1. ECOWORLD SMART CRM AND FREE SERVICES

1.1 EcoWorld Smart CRM Subscription Fees

EcoWorld Smart CRM, which includes ‘lite’ versions of select features found in our paid Subscription Services, is one of our Free Services. As such, there are no Subscription Fees associated with using the EcoWorld Smart CRM.

While there is no charge for Contacts in the Smart CRM, if you subscribe to the Marketing Hub, you will be charged for contacts as part of your fee for that Subscription Service, even if those contacts were added through the EcoWorld Smart CRM. For more details on these fees, please refer to our Product and Services Catalog available at https://products.ecoworld.ai/. If you use the EcoWorld Smart CRM or any of our Free Services, we will provide those services to you at no charge until the earlier of (a) the date your free subscription is terminated or (b) the start date of your paid subscription.

 

1.2 Email Send Limit

For the EcoWorld Smart CRM, if you only use our Free Services, the Smart CRM Email Send Limit is capped at a maximum of two thousand (2,000) emails per calendar month (the “EcoWorld Smart CRM Email Send Limit”).

If you reach your EcoWorld Smart CRM Email Send Limit, you will not be able to send any more emails until the start of the next calendar month, including pre-scheduled emails set to send after reaching the EcoWorld Smart CRM Email Send Limit. Kick-back emails from form submissions will not be interrupted. You cannot increase your EcoWorld Smart CRM Email Send Limit.

 

1.3 Limits

You agree not to use the Free Services in a manner that significantly exceeds typical use projections, including but not limited to storage and bandwidth consumption.

We may change the limits that apply to your use of the EcoWorld Smart CRM or Free Services at any time at our sole discretion without prior notice, regardless of whether these services are used in conjunction with other Subscription Services for which you pay a fee.

 

1.4 Modifications

We may make changes to the EcoWorld Smart CRM or Free Services that materially reduce the functionality provided to you during the Subscription Term.

 

1.5 Non-Renewal Notice Period

To discontinue Free Services under this Agreement, you or we may close your account in accordance with the General Terms.

 

1.6 Retrieval of Customer Data

If you wish to export Customer Data during your Subscription Term, you can retrieve the data by following the instructions provided in the following knowledge base articles: “Export your Content and Data”; “Export your Records”; “Export your Ad Performance Data”; “Export your Marketing Email Performance Data”; “Perform a permanent delete in EcoWorld.”

If you need assistance retrieving your Customer Data during the Subscription Term, we will provide reasonable support at your cost, in accordance with the ‘Confidentiality’ section of the General Terms.

We strongly recommend retrieving your Customer Data before the end of your Subscription Term; for the EcoWorld Smart CRM and Free Services, we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.

 

1.7 Unified Database

By using EcoWorld Smart CRM with other parts of the Subscription Service, you understand that all Contact Information will be stored in a unified database of Contacts associated with your subscription, and that all workflows you use will pull from this unified list of Contacts.

While there is no charge for Contacts in EcoWorld Smart CRM, if you subscribe to our Marketing Hub Professional or Marketing Hub Enterprise, you will be charged for Marketing Contacts as part of your fee for those products, even if they are added through EcoWorld Smart CRM and whether or not there is an email address associated with a Marketing Contact. For more information on fees for Marketing Hub Professional or Marketing Hub Enterprise Subscription Services, please refer to the Product and Services Catalog.

 

2. ECOWORLD SEATS

Introduced in March 2024, EcoWorld Seats provide simpler access to EcoWorld Subscription Services with user-based pricing options. A “Seat” defines the manner and level of access your Users have to the Subscription Services. We offer different types of seats based on what Subscription Services you purchase, as further described in the Product and Services Catalog.

 

2.1 Existing Customers

If you are an existing customer not yet migrated to the new Seats model, your billing for Subscription Services will remain unchanged until we send you advance notice of your migration plan (“Legacy Access Model”). Customers with Legacy Access Model pricing for Sales Hub and Service Hub Subscription Services will continue to be charged fees associated with Users as set forth in your Order Form (“Paid Users”). Customers on the Legacy Access Model can continue to manage all Users based on information available in the “EcoWorld user permissions guide” knowledge base article.

 

2.2 Free Services

Customers using only Free Services are limited to five (5) Users. These Users for Free Services differ from Seats under the EcoWorld Seats model because Free Services do not support Seats. Customers using only Free Services who need to increase the number of Users may upgrade to paid services (i.e., Starter, Professional, or Enterprise) to access EcoWorld Subscription Services with the Seat model.

 

2.3 New Customers

New customers will automatically be included in the EcoWorld Seats model as further described in the Product and Services Catalog and the following ‘Managing Seats and Users’ section.

2.3.1 Managing Seats and Users

(i) Dedicated Users. Each Seat is dedicated to one User, and each EcoWorld account must have at least one Seat.

(ii) Updating Seats and Users. You may change the User assigned to each Seat at any time during the Subscription Term. Users may not share Seats or log-in information; as required in the Agreement, each User must have unique user identifications and passwords. Additional information on managing Users is available in the “EcoWorld user permissions guide” knowledge base article.

(iii) Adding New Users. When adding new Users to the Subscription Services, Starter, Professional, and Enterprise tier platforms will prompt customers to assign a Seat, if one is available; Users added to the Subscription Services without a paid Seat will automatically be assigned to a View-Only Seat.

(iv) Adding Seats. Customers with Starter, Professional, or Enterprise Subscription Services may purchase additional Core Seats at any time. Customers with Professional and Enterprise Subscription Services may purchase additional Sales Seats or Services Seats at any time. Starter Customers can access Sales Hub or Service Hub through the Core Seat (Starter), as detailed in the Core Seat (Starter) description in the Product & Services Catalog.

(v) Removing Added Seats at Renewal. You may remove added Seats (i.e., Seats not included with your purchase of other Subscription Services) by first unassigning the User from the Seat, then removing it from your renewal; the change will take effect on your next renewal date if you sign a new Order Form at renewal. Additionally, if you downgrade subscription tiers as permitted under the Agreement at renewal, you will lose access to the seats associated with your previous subscription.

(vi) Removing Partner Seats. You can remove Partner Seats at any time without impacting your renewal. Customers are encouraged to review and update Partner Seats regularly.

 

3. MARKETING HUB (WITH MARKETING CONTACTS)

In October 2020, EcoWorld introduced a new contacts pricing model for Marketing Hub called “Marketing Contacts.” Customers who purchase one of our Marketing Contacts Products (defined below) will only pay for the contacts they want to send marketing emails to and target ads, and they can store up to fifteen million total Contacts (Non-Marketing Contacts and Marketing Contacts) for free.

The Marketing Contacts pricing model is available to all new Marketing Hub customers as of October 21, 2020. If you purchase any of our Marketing Contacts Products, the Marketing Hub terms in this section will apply to your subscription.

Existing Marketing Hub customers with legacy contacts pricing will have the option upon renewal to either (i) renew their existing Marketing Hub subscription or (ii) switch to the new Marketing Contacts pricing model when available.

If you’re an existing Marketing Hub customer and you decide to remain on your existing contacts pricing model, the Legacy Marketing Hub terms available at https://legal.ecoworld.ai/ will apply to your subscription instead.

 

3.1 Marketing Hub (with Marketing Contacts)

The terms in this section apply to any purchase of the following products: Marketing Contacts Products as defined below.

 

3.1.1 Definitions

“Marketing Contacts” refers to Contacts that can receive marketing emails and be targeted with ads, designated as Marketing Contacts in your EcoWorld account.

“Marketing Contacts Products” refers to:

• Marketing Hub Starter - Marketing Contacts;
• Marketing Hub Professional - Marketing Contacts; and
• Marketing Hub Enterprise - Marketing Contacts;

as further described in the Product and Services Catalog, and including any additional Marketing Contacts you may purchase with the above products (such as Starter Marketing Contacts, Professional Marketing Contacts, and Enterprise Marketing Contacts). Details of your Marketing Contacts subscription will be set out on your Order Form.

“Maximum Contacts” refers to the maximum number of Marketing Contacts you are allowed to use with the Subscription Service as identified in your Order Form, plus any Marketing Contacts added as part of an upgrade.

“Non-Marketing Contacts” are Contacts not designated as marketing-eligible by you in your EcoWorld account. You cannot target Non-Marketing Contacts with marketing emails or ads.

Terms not otherwise defined here will have the meanings set out in the General Terms available at https://legal.ecoworld.ai/

 

3. MARKETING HUB (WITH MARKETING CONTACTS) (continued)

3.1.2 Marketing Contacts Products Email Send Limit

You can find information regarding Subscription Fees, Tier Pricing, Email Send Limits, and more in the Product & Services Catalog.

If you reach your Email Send Limit, you may not be able to send any more emails. You can increase your Email Send Limit by upgrading your Marketing Contacts edition or by purchasing a ‘Dedicated IP Add-on,’ which includes unlimited email sends. In such cases, your fee will increase during the course of a Billing Period as described in the ‘Fee Adjustments’ section below.

 

3.1.3 Marketing Contacts Products Subscription Fees

The Subscription Fee for Marketing Contacts Products will remain fixed during the Current Term unless you:

1. exceed your Maximum Contacts or other applicable limits set out in the Product and Services Catalog,
2. upgrade products or base packages,
3. subscribe to additional features or products, including additional Marketing Contacts, or
4. otherwise agreed to in the Order Form.

For our Marketing Contacts Products, once increased, your Subscription Fee will not decrease, even if there is a subsequent reduction in the number of Marketing Contacts or emails sent. Your Subscription Fee will not increase if you add Contacts that are not designated as Marketing Contacts by you in your account.

You can learn more about how your fees may be otherwise adjusted in the remainder of this ‘Fees Adjustments’ section below.

 

3.1.4 Fee Adjustments

3.1.4.1 Contact Tiers

Your Subscription Fee will increase immediately during the course of a Billing Period if you exceed your Maximum Contacts limit in a Billing Period. In this case, the Subscription Fee will increase up to the tier price corresponding with the number of Marketing Contacts, and your invoice will reflect the corresponding prorated amount for the remainder of your Current Term. Tier prices for Marketing Contacts Products are as set out in the Product and Services Catalog. You will receive an electronic notification (as described in the Notices section of our General Terms) if you’re approaching your Marketing Contact tier limit.

You may manage your Marketing Contacts to avoid an increase in your Subscription Fee as set out in the ‘Managing Your Marketing Contacts’ section below.

 

3.1.4.2 Other Fee Adjustments

For details on renewal pricing, see the ‘Fees’ section of the General Terms. We may choose to decrease your fees upon written notice to you.

 

3.1.5 Managing Your Marketing Contacts

When you purchase a Marketing Contacts Product, you’ll have the opportunity to designate which contacts you’d like to mark as Marketing Contacts and which you want to mark as Non-Marketing Contacts. We also recommend regularly reviewing your Contacts’ designations to avoid an unintended Contact tier upgrade fee. All Users have permission to make Contact designations in your EcoWorld account unless their right to do so is limited by you in the ‘Users and Teams’ settings.

If you’re switching from one of our Marketing Hub Products with legacy contacts pricing to one of our Marketing Contacts Products, all Contacts will be designated as Marketing Contacts by default. We strongly recommend you complete the Eligibility Flow tool to designate your Non-Marketing Contacts before switching to avoid an unintended Contact tier upgrade fee, which will apply immediately and cannot be refunded.

We will monitor or audit remotely the number of Marketing Contacts in the Subscription Service and the number of emails you send through the Subscription Service. This information is also available to you in your EcoWorld account.

You can change your Contacts from Non-Marketing to Marketing Contacts at any time. We allow you to designate Marketing Contacts as Non-Marketing Contacts at any time, but changes in designations to Non-Marketing Contacts will not take effect until the first day of the next month or on your subscription renewal date, whichever comes first.

 

3.1.6 Limits

For all Marketing Contacts Products and paid Add-Ons to those products, we may change the limits that apply to you at any time at our sole discretion by updating the Product and Services Catalog.

Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Marketing Contacts Product subscription.

 

3.1.7 Downgrades

For our Marketing Contacts Products, you may designate your contacts as Non-Marketing at any time (as described in the ‘Managing your Marketing Contacts’ section above), but you can only downgrade your contact tier at your next renewal date upon signature of a new Order Form. To avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs.

 

3.1.8 Modifications

We will not make changes to the Marketing Hub Professional - Marketing Contacts, Marketing Hub Enterprise - Marketing Contacts, and paid Add-Ons to these products that materially reduce the functionality provided to you during the Subscription Term.

We may make changes to our Marketing Hub Starter - Marketing Contacts and Add-Ons to that Subscription Service that materially reduce the functionality provided to you during the Subscription Term.

 

3.1.9 Notice of Non-Renewal

Unless otherwise specified in your Order Form, to prevent renewal of your Marketing Hub with Marketing Contacts subscription or paid Add-Ons to Marketing Hub with Marketing Contacts, you or we must give written notice of non-renewal, and this written notice must be received before the next renewal period begins.

 

3.1.10 Retrieval of Customer Data

For Marketing Hub Professional - Marketing Contacts and Marketing Hub Enterprise - Marketing Contacts, if you make a written request within thirty (30) days after the termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after the termination or expiration of your Subscription, we will have no obligation to maintain or provide you with the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited from doing so, or (ii) as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, the Personal Data will be processed in accordance with our DPA.

For Marketing Hub Starter - Marketing Contacts, if you want to export Customer Data during your Subscription Term, you can retrieve the data by following the instructions provided in the following knowledge base articles: “Export your Content and Data”; “Export your Records”; “Export your Ad Performance Data”; “Export your Marketing Email Performance Data”; “Perform a permanent delete in EcoWorld.”

We will provide reasonable assistance to you, at your cost, if you require help retrieving your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the General Terms.

 

3.1.11 Legacy Marketing Hub Products

Notwithstanding anything to the contrary in the ‘Legacy’ section of the EcoWorld General Terms, once you’ve purchased a Marketing Contacts Product, you cannot choose to re-purchase the Marketing Hub product with legacy contacts pricing, which bills differently for Contacts, even if it’s still listed in our Product & Services Catalog.

If you use one of our other legacy Marketing Hub Subscription Services not listed in the Product Specific Terms, then the Legacy Marketing Hub terms apply to your subscription.

 

3.1.12 Brand Domains

To host multiple root domains associated with your company in a single EcoWorld account, you must purchase a subscription to the Marketing Hub Enterprise - Marketing Contacts Subscription Service with the Brand Domain Subscription Service. A root domain is considered to be a different domain name that immediately precedes the top-level domain indicator. For example, www.ecoworld.ai and www.greenworld.com are considered separate root domains, whereas www.ecoworld.ai and blog.ecoworld.ai or www.ecoworld.fr are not considered separate root domains.

 

3.2 Ad Conversions

By using the Google Enhanced Conversions feature, one of the ad conversion tools offered by EcoWorld, you authorize us to provide necessary data to Google to make this functionality available to you; you also agree to comply with Google’s Customer Data Policies available at https://support.google.com/adspolicy/answer/7475709?hl=en&ref_topic=7012636.

 

3.3 YouTube Integration

The Subscription Service uses YouTube API services. Your use of EcoWorld’s YouTube integration is subject to the YouTube Terms of Service available at https://www.youtube.com/t/terms and the Google Privacy Policy available at http://www.google.com/policies/privacy.

 

4. COMMERCE HUB

Customers can use Commerce Hub to create a payment experience with their buyers.

If you use Commerce Hub, which includes many features detailed in the Product and Services Catalog, you may also select a payment processing option to collect payments from your buyers.

If you use Stripe payment processing as your payment processing option, please note that Stripe payment processing is an additional service available, subject to the ‘Commerce Hub Platform Fees and Payment’ section and the Stripe Payment Processing Terms available in Appendix 1. 

 

4.1 Commerce Hub Fees and Payment

Since Commerce Hub relates to payment processing, your payments for Commerce Hub are based on a per-transaction basis rather than a subscription basis. Therefore, EcoWorld does not collect Subscription Fees for Commerce Hub, and Commerce Hub will not be included in an Order Form. Instead of the ‘Fees’ section of the General Terms, this section and the linked terms herein describe the fees related to Commerce Hub, which excludes any Subscription Fees.

As it relates to Commerce Hub, a “Payment Processor” is a separate entity not affiliated with EcoWorld, which provides its own technical services and payment processing to you. The current Payment Processor for Commerce Hub is Stripe, Inc. (“Stripe”). For clarification, in each transaction enabled by Commerce Hub, EcoWorld is not processing payments—Stripe, as the Payment Processor, provides those services directly to you.

If you choose to use Commerce Hub to create a payment experience, you agree to pay a use-based fee, as shown in the Product and Services Catalog, for each transaction processed with the Payment Processor (a “Platform Fee”), which will be collected from you by the Payment Processor, in addition to other fees applicable to Commerce Hub as detailed in the Product and Services Catalog. We reserve the right to change the Platform Fee and Processing Fees at any time, and will provide you with at least thirty (30) days’ prior notice of any increase, which may be given by email, through your EcoWorld Account, or by any other means we reasonably determine.

 

4.2 Limits

Limits for Commerce Hub tools align with the limits that apply to those tools under your Subscription Services. For example, while e-signatures are packaged under Commerce Hub, they require a Sales Hub subscription, and any limits outlined under Sales Hub will apply here too. Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your use of Commerce Hub.

 

4.3 Modifications

We may make changes to Commerce Hub features that materially reduce the functionality provided to you during the Subscription Term.

 

5. OTHER HUBS

The terms in this section apply to any purchase of our other Hub Subscription Services at any tier, as described further in our Product and Services Catalog.

As a reminder, if your Subscription Service includes Marketing Hub with Marketing Contacts, the ‘Marketing Hub (with Marketing Contacts)’ section also applies; or if your Subscription Service, as reflected in your Order Form, includes our legacy Marketing Hub, the Legacy Marketing Hub terms apply.

 

5.1 Subscription Fees

The Subscription Fee for the Subscription Services will remain fixed during the Current Term unless you:

1. exceed applicable limits (see the ‘Limits’ section below),
2. upgrade Subscription Services or base packages,
3. subscribe to additional features or Subscription Services, or
4. unless otherwise agreed to in the Order Form.

 

5.2 Fee Adjustments

For details on renewal pricing, see the ‘Fees’ section of our General Terms.

 

5.3 Limits

For our Subscription Services and paid Add-Ons, we may change the limits that apply to you at any time at our sole discretion.

Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Subscription Services.

 

5.4 Downgrades

You may downgrade your Subscription Services at your next renewal date if you complete a new Order Form.

 

5.5 Modifications

We may make changes to the Subscription Services and Add-Ons that materially reduce the functionality provided to you during the Subscription Term.

 

5.6 Non-Renewal Notice Period

Unless otherwise specified in your Order Form, to prevent renewal of your Subscription Services or paid Add-Ons, you or we must give written notice of non-renewal, which must be received before the next renewal period begins.

 

5.7 Retrieval of Customer Data

If you want to retain or export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions in the following knowledge base articles: “Export your Content and Data”; “Export your Records”; “Export your Ad Performance Data”; “Export your Marketing Email Performance Data”; “Perform a permanent delete in EcoWorld.”

We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the General Terms.

We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the other Hub Subscription Services, we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.

 

5.8 Sales Hub

The terms in this section also apply to any purchase of Sales Hub:

 

5.8.1 Documents

Files that you upload using the ‘Documents’ feature are stored by us and shared with other users of your EcoWorld Smart CRM team.

 

5.8.2 Sales Extension Uninstall

The Sales Extension for Google Chrome and Outlook may leave remnants of application settings and log files on your device even after the Sales Extension has been uninstalled. For more information on how to uninstall the Sales Extension, please refer to this knowledge base article at https://knowledge.ecoworld.ai/email-tracking/how-do-i-uninstall-ecoworld-sales.

 

5.8.3 Revenue Reporting Tools

Revenue reporting tools provided as part of the Subscription Service are not intended to be used as systems of record for financial, tax, employee commission, or other regulatory compliance or reporting. You are responsible for ensuring the accuracy of reports derived using the revenue reporting tools.

 

5.8.4 E-signature

The e-signature feature provided as part of the Subscription Service allows you to obtain electronic signatures on documents. We strongly encourage you to take appropriate measures to secure, store, and back up your important documents.

 

5.9 Operations Hub

The terms in this section also apply to any purchase of Operations Hub:

You are responsible for ensuring the completeness, accuracy, and configuration of all Customer Data transferred using the Operations Hub data sync feature. You are also responsible for ensuring you have all necessary licenses and consents to share two-way and historical Customer Data syncing features described in the Product and Services Catalog.

 

6. OTHER SERVICES

6.1 Consulting Services

You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.

 

6.1.1 Location

All Consulting Services are performed remotely unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us for our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.

 

6.1.2 Delivery

If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description. The expiration period will commence upon purchase (the “Expiration Period”).

If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from the date of purchase.

If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.

 

6.1.3 Third-Party Providers

We may provide some or all elements of the Consulting Services through third-party service providers. Consulting Services are non-cancellable, and all fees for Consulting Services are non-refundable.

 

6.2 Communication Services

“Communication Services” refers to third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter, and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or a private group. If you use the WhatsApp Business Messenger, this section applies to you, in addition to the WhatsApp Business Messenger terms below.

You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages, or information found in the Communication Services. We will not have any liability regarding the Communication Services and any actions resulting from your use of the Communication Services.

 

6.3 EcoWorld Directory and Community

If you use the EcoWorld Directory (as defined in the EcoWorld Marketplace Terms of Use), you agree to comply with the EcoWorld Marketplace Terms of Use available at https://legal.ecoworld.ai/. If you use the EcoWorld Community (as defined in the EcoWorld Community Terms of Use), you agree to comply with the 

EcoWorld Community Terms of Use available at https://legal.ecoworld.ai/community-tou.

 

6.4 EcoWorld Academy

We may offer educational seminars or certifications through EcoWorld Academy. The descriptions of these educational seminars and certifications, as well as the terms and conditions that apply to your participation in EcoWorld Academy, are available at http://academy.ecoworld.ai. By participating in an EcoWorld Academy educational seminar or certification, you agree to abide by the applicable terms and conditions for EcoWorld Academy.

 

6.5 EcoWorld Insights and Enrichment Data

EcoWorld Insights is a database of company information that EcoWorld gathers from public and third-party sources. It is updated in real-time as we obtain new information.

“Enrichment Data” means the company-level information we make available to you as part of the EcoWorld Insights database. Enrichment Data does not include Personal Data. We do not use Customer Data to populate Enrichment Data. You’ll recognize Enrichment Data in the EcoWorld Smart CRM because it is flagged with a grey information icon (or highlighted in some other way), which on hover identifies the property as being filled from EcoWorld’s Insights database. These properties may include information such as company name, company location, and company address.

If we make Enrichment Data available to you, then you may only use that Enrichment Data in connection with your use of the Subscription Service. We may change what Enrichment Data we provide or discontinue providing Enrichment Data at any time with or without notice to you.

 

6.6 Calling

You agree to comply with all applicable laws, rules, and regulations when using EcoWorld’s calling tool. Your use of the calling tool within the Subscription Services is limited to the number of minutes included in your Subscription Service. We do not guarantee the availability of our calling feature in any or all geographical areas. If you are interested in obtaining a list of countries to which we currently offer calling, please contact our Support team. We may update this list at any time without notice to you. We may also disable your ability, or charge you a fee, to make calls to certain countries if we choose to, even if we generally offer calling to these countries. One reason we may do this is if you are making a disproportionate or excessive number of calls to these countries.

Please note that we do not guarantee the availability of this feature in any or all geographical areas where calling is offered. Your use of this feature may, from time to time, be affected by full or partial outages.

 

6.7 Call Recording

You agree to comply with all applicable laws, rules, and regulations relating to the recording of phone calls or other electronic communications. You also agree to obtain proper consent to record phone calls prior to making any recordings as required by applicable law. While the EcoWorld call recording tool includes features to help you comply with call recording laws, we make no representation or warranty with respect to these features. You may use this tool to record your calls or to import call recordings from another source. You agree to be responsible for any content and communications exchanged on calls. You represent and warrant that you have obtained all necessary rights to share such content and communications with us and allow us to process and use them to provide the Subscription Service to you.

 

6.8 Texting

You are responsible for all compliance obligations related to applicable laws, rules, and regulations relating to texting communications (also known as SMS texting) when using the Subscription Services. For the avoidance of doubt, you are responsible for your compliance with regulations and carrier requirements, including those relating to marketing and data privacy; in the event your messaging carrier assesses a penalty associated with your account or related to your use of the Subscription Services, your invoice will reflect any applicable third-party carrier penalties as a pass-through cost. You may work with your carrier directly to dispute any penalties. For your convenience, you can find additional information in the “Set up SMS messaging in EcoWorld” knowledge base article.

Please note that we do not guarantee the availability of this feature in any or all geographical areas where this functionality is offered. Your use of this feature may, from time to time, be affected by full or partial outages.

To use SMS for Marketers, a Contact must be set as a Marketing Contact before being eligible to receive an SMS.

 

6.9 WhatsApp Integration

The terms in this section apply to your use of our WhatsApp integration by connecting your WhatsApp Business account to EcoWorld. If you connect your WhatsApp Business account to EcoWorld, you also agree to WhatsApp’s Business Solution Terms available at https://www.whatsapp.com/legal/business-solution-terms/.

If you connect your WhatsApp Business account to EcoWorld, (i) you agree that Meta Platforms, Inc. (“Meta”) will function as a Sub-Processor under the DPA, and (ii) if your Customer Data is hosted outside of the United States, you agree that Meta will be an Exclusion as detailed in the EcoWorld Regional Data Hosting Policy available at https://legal.ecoworld.ai/ecoworld-regional-data-hosting-policy.

Please note that we do not guarantee the availability of this feature in any or all geographical areas where WhatsApp is offered. Your use of this feature may, from time to time, be affected by full or partial outages caused by WhatsApp and/or Meta. While we do not assume any responsibility for the results of these outages, we will investigate them in a timely manner to the extent feasible. EcoWorld may notify you of these outages at its sole discretion but is not obligated to do so.

 

6.10 Beta Services

If we offer you beta access to some or all of the Subscription Service (the “Beta Services”), (i) the Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Beta Services.

For all Beta Services, the EcoWorld Beta Terms available at https://legal.ecoworld.ai/ecoworld-beta-terms also apply. If we inform you of additional terms and conditions that apply to your use of the Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products without payment or attribution to you.

 

6.11 Third-Party Sites and Products

You can choose to integrate Third-Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third-Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support, or warrant the Third-Party Site or Product.

 

7. AI PRODUCTS

We may offer products, features, or tools as part of the Subscription Services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, “AI Products”). The terms in this section govern your use of the AI Products within the Subscription Services. They do not apply to the use of any Third-Party Products or Third-Party Sites that are powered by artificial intelligence, machine learning, or similar technologies.

The AI Products may be provided to you as a Beta Service, and if so, the EcoWorld Beta Terms available at https://legal.ecoworld.ai/ecoworld-beta-terms also apply. Some of the AI Products in your account may be toggled on or off by default; you can adjust these settings at any time in your account. Additional information is available in the EcoWorld Knowledge Base and the EcoWorld AI Products FAQ available at https://legal.ecoworld.ai/pst-ai-faq, which is not incorporated into the Agreement but provided for your reference.

 

7.1 Input and Output

You are responsible for any text, images, or other content you upload or submit to the AI Products (“Input”) as well as the text, images, or other content generated by the AI Products based on your Input (“Output”). You will ensure that your use of the AI Products, including Input and Output, complies with our Agreement and with applicable law. You acknowledge that (i) except to the extent it is Customer Data (as defined in the EcoWorld Customer Terms of Service), Input will not be treated as Confidential Information, therefore, you should not include any data or information in your Input that you’re restricted from using or sharing (for example, third-party confidential information); (ii) Output will not be Confidential Information (also except to the extent it contains Customer Data); and (iii) Output may not be accurate or reliable, and you should independently review all Output before using or sharing it.

 

7.2 Ownership and Rights

Between you and EcoWorld, you retain all rights you may have to use and exploit your Output, and we retain all ownership in and to the AI Products, including but not limited to all algorithms or models and aggregated results of developing the AI Products. This means you can use your Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with the Customer Terms of Service (including these Product Specific Terms).

You acknowledge that Output may not be unique across users and that the AI Products may generate the same or similar Output for you or a third party. For example, you may provide Input into an AI Product such as “What color is the sky?” and receive responses such as “The sky is blue.” These responses are not unique to you, and you may not claim ownership of them.

 

7.3 AI Service Providers

We provide some elements of the AI Products through third-party service providers (“AI Service Providers”). You acknowledge that your Input and Output, including Customer Data, will be shared with and processed by our AI Service Providers to enable your use of our AI Products, for content moderation, and other business purposes consistent with this Agreement.

You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.

 

7.4 Availability and Modifications

We do not guarantee the availability of the AI Products in any or all geographical areas. Notwithstanding anything to the contrary in this Agreement, any production downtime impacting the AI Products that results from a failure of a third-party service provider will not be included in the Service Uptime Commitment.

Notwithstanding anything to the contrary in our Terms of Service or these Product Specific Terms, we may make changes to the AI Products that materially reduce the functionality provided to you during the Subscription Term or change the limits that apply to you at any time at our sole discretion.

 

8. SERVICE UPTIME COMMITMENT

8.1 Definitions

For the purposes of this ‘Service Uptime Commitment’ section, the following definitions will apply:

“Downtime” means a critical full outage or severe issue that constitutes a catastrophic problem causing a complete inability to use the Subscription Service (excluding Free Services) across a significant portion of the production environment (e.g., crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.

“Excluded” means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes, or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer’s combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our data center as measured by our third-party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, at EcoWorld’s sole, reasonable discretion.

“Service Uptime” means (total hours in a calendar month - Excluded duration - Downtime duration) / (total hours in a calendar month - Excluded duration) x 100% = Service Uptime.

 

8.2 Service Uptime Commitment

We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as the Customer’s sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95%, the Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within those two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%. The credit will be applied against an invoice or charge for the following renewal Subscription Term, provided the Customer requests such credit within twenty (20) days of the end of the relevant calendar month in which EcoWorld did not meet the Service Uptime of 99.95%. Notwithstanding anything to the contrary in the Agreement or this section, this ‘Service Uptime Commitment’ section does not apply to our Free Services.

 

9. CUSTOMER SUPPORT

If you pay us a Subscription Fee for our Starter edition products, your Users with a paid Seat can select from support options available in-app, at no additional cost. If you pay us a Subscription Fee for our Professional or Enterprise edition products, or if indicated in the Product and Services Catalog, phone and in-app support is included at no additional cost for Users with a paid Seat.

 

9.1 Phone Support

Phone support for Professional or Enterprise edition subscriptions is available from 8:00 PM Sunday to 8:00 PM Friday EST (Eastern Standard Time). Please note that these hours may be reduced from time to time, including (i) during recognized holidays in applicable EcoWorld entity locations; and (ii) in all locations during EcoWorld’s company-wide designated week of rest. We accept email and in-app support questions 24 hours per day, 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right-hand corner of your account or by going to our help page at http://help.ecoworld.ai.

 

9.2 Email and In-App Support

Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of EcoWorld representatives.

 

9.3 Support Limitations

Issues resulting from your use of APIs or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations that are listed in-app as being supported by EcoWorld.

 

9.4 Free Services

If you do not pay a Subscription Fee, support is available to you through the EcoWorld Community available at community.ecoworld.ai.

Similarly, if you have a View-Only Seat, you may contact your internal EcoWorld account administrator for access to a paid Seat, or you may leverage the support available through the EcoWorld Community available at community.ecoworld.ai.

 

 

APPENDIX 1

 

Stripe Payment Processing Terms

 

 

Effective Date: August 17th, 2024

This Viroway Data Processing Agreement and its Annexes (“DPA”) is part of our GDPR compliance and reflects the parties’ agreement with respect to the Processing of Personal Data by us on behalf of you in connection with the Ecoworld Subscription Services under the Ecoworld Customer Terms of Service between you and us (also referred to in this DPA as the “Agreement”). 

This DPA is supplemental to, and forms an integral part of, the Agreement and is effective upon its incorporation into the Agreement, which may be specified in the Agreement, an Order Form or an executed amendment to the Agreement. In case of any conflict or inconsistency with the terms of the Agreement, this DPA will take precedence over the terms of the Agreement to the extent of such conflict or inconsistency.

We update these terms from time to time. If you have an active Ecoworld subscription, we will let you know when we do via email (if you have subscribed to receive email notifications via the link in our General Terms) or via in-app notification. You can find archived versions of the DPA in our archives at https://legal.ecoworld.ai/archive.

The term of this DPA will follow the term of the Agreement. Terms not otherwise defined in this DPA will have the meaning as set forth in the Agreement.

 

Data Processing Agreement — Viroway Ltd

This Data Processing Agreement (“Agreement“) forms part of the Contract for
Services (“Principal Agreement“) between
Viroway Ltd (the “Company”)
and you (the “Data Processor”)
(together as the “Parties”)

WHEREAS

1. The Company acts as a Data Controller.
2. The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
3. The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
4. The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;

1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Subprocessor;

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 “Services” means the EcoWorld services the Company provides.

1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Company Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and

2.1.2 not Process Company Personal Data other than on the relevant Company’s documented instructions.

2.2 The Company instructs Processor to process Company Personal Data.

3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within

10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

10. Audit rights

10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) disclosure is required by law;
(b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of Cyprus.

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Cyprus, subject to possible appeal to The European Court of Justice.

IN WITNESS WHEREOF, this Agreement is entered into with effect from the date first set out below.

Viroway Ltd.
Sign.
Name: Bjarne NJ Pedersen
Title: CEO
Date Signed: August 17th 2024.
By using the services the Processor Company accepts the terms. For a written agreement to be signed by both parties, please send a request to legal@viroway.com

Effective Date: August 17th, 2024

This EcoWorld.ai Acceptable Use Policy (“AUP”) applies to the use of any product, service, or website provided by us (Viroway Ltd), whether we provide it directly or use another party to provide it to you (each, an “EcoWorld Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the EcoWorld Service. This AUP also protects the interests of all our clients and their customers, as well as our goodwill and reputation. These terms are crucial, and we cannot provide the EcoWorld Service unless you agree to them. By using the EcoWorld Service, you are agreeing to these terms.

1. Reporting Suspected Violations

2. Prohibited Email Actions

3. Email Opt-Out Requirements

4. Telephone, Texting, and Messaging

5. No Disruption

6. Proper Usage of the EcoWorld Service

7. Restricted Industries

8. EcoWorld Trademark Use

9. Developer Terms

10. General Terms

If you are using any EcoWorld Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not permitted to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of EcoWorld Services pursuant to our Customer Terms of Service for violations of this AUP.

We periodically update these terms, and we will notify you when we do through the Notification app in your EcoWorld account (if you have one) or by posting a revised copy on our website. You agree to review the AUP regularly and to always remain in compliance.

 

1. Reporting Suspected Violations

We encourage recipients of email messages sent using the EcoWorld Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@ecoworld.ai. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation.

 

2. Prohibited Email Actions

a. You may not use EcoWorld to send spam.

Spam can be in the form of bulk email or one-to-one commercial emails.

• Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

• One-to-one commercial emails are spam when they violate laws such as CAN-SPAM. These emails are also considered spam if the data processed for purposes of sending that email falls under the scope of the General Data Protection Regulation (GDPR) and you fail to provide notice to individuals and establish a lawful basis for processing.

You may not use the EcoWorld Service in any way (directly or indirectly) to send, transmit, handle, distribute, or deliver: (i) spam in violation of the CAN-SPAM Act or any other law; (ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (iii) email to an address that is incomplete, inaccurate, and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry; (iv) commercial electronic messages in violation of Canada’s Anti-Spam Legislation; or (v) in violation of the General Data Protection Regulation (GDPR).

 

b. You may not use any misleading or false names, addresses, email addresses, or subject lines.

Email sent, or caused to be sent to or through the EcoWorld Service, may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

 

If you use email, we recommend that you adopt the Messaging, Malware, and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available here. You will use commercially reasonable efforts to follow these practices.

 

c. You may not email purchased lists.

You are prohibited from using the EcoWorld Service to email: (i) purchased, rented, or borrowed lists, and (ii) lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by acceptable industry practices.

 

3. Email Opt-Out Requirements

You warrant that each email you send or is sent on your behalf using the EcoWorld Service will contain:

a. Header information that is not false or misleading; and

b. A clear advisement that the recipient may unsubscribe, opt-out, or otherwise demand that use of their information for unsolicited, impermissible, and/or inappropriate communication(s) as described in this AUP be stopped, along with instructions on how the recipient can notify you that they want to unsubscribe, opt-out, or stop the use of their information.

These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call,” and “do not send” requests.

 

4. Telephone, Texting, and Messaging

If you use the EcoWorld Subscription Service to place telephone calls, send text messages, or engage in other supported messaging, you must comply with all applicable (i) laws relating to telephone calling, texting, and any other message marketing, including applicable local, state, national, or international laws (e.g., the CAN-SPAM Act, TRAI, TCPA, or other similar laws and regulations applicable to you); (ii) laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; (iii) policies and guidelines of third-party service providers, such as network operators and carriers; and (iv) industry standards, including those applicable guidelines published by the CTIA and the Mobile Marketing Association.

You are prohibited from using or permitting access to the EcoWorld Subscription Service to make emergency calls or to provide or seek emergency services.

You are solely responsible for any penalties or fines incurred as a result of your non-compliance with third-party service providers’ policies and guidelines. In addition to the other termination and suspension rights in this AUP, EcoWorld may suspend or terminate your access to the Telephone and Texting services if (i) EcoWorld receives repetitive complaints from your recipients or third-party service providers; or (ii) EcoWorld receives an instruction from a third-party service provider to suspend or terminate your access to the service.

 

5. No Disruption

You agree not to:

a. Use the EcoWorld Service in a way that impacts the normal operation, privacy, integrity, or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

b. Use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser (e.g., scraping or harvesting);

c. Use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Service;

d. Attempt to gain unauthorized access to the Subscription Service;

e. Access the Subscription Service using another User’s unique login credentials, including reusing or sharing unique login credentials among multiple users;

f. Allow any Users to access the EcoWorld Service from an embargoed country, or allow access to the EcoWorld Service to anyone included in the U.S. Commerce Department’s Denied Persons List, Entry List, the U.S. Treasury Department’s list of Specially Designated Nationals, or other similarly sanctioned individuals;

g. Access the Subscription Service other than through our interface;

h. Use the EcoWorld Service to gain unauthorized access to, use, monitor, or make an unauthorized reference to another’s property, unless you have the appropriate express prior consent to do so; or

i. Use the EcoWorld Service in a way that causes or may cause any EcoWorld IP addresses, EcoWorld domains, or EcoWorld customer domains to be blacklisted.

Examples of prohibited actions include (without limitation) hacking, spoofing, denial of service, mailbombing, and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware, or other such file or program.

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

 

6. Proper Usage of the EcoWorld Service

You must adhere to the limits that apply to your use of the EcoWorld Service, as specified in the Product and Services Catalog available at https://products.ecoworld.ai/ (the “Service Limits”). We may update or change these Service Limits by revising the Product and Services Catalog, so we encourage you to review this page periodically.

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the EcoWorld Service with content, or in a manner that:

• Is threatening, abusive, harassing, stalking, or defamatory;

• Is deceptive, false, misleading, or fraudulent;

• Invades another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);

• Contains vulgar, obscene, indecent, or unlawful material;

• Infringes a third party’s intellectual property rights;

• Publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;

• Uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;

• Downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

• Falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

• Restricts or inhibits any other user of the EcoWorld Service from using and enjoying our website and/or the EcoWorld Service;

• Harvests or otherwise collects information about others, including e-mail addresses, without their consent;

• Violates the usage standards or rules of an entity affected by your use, including, without limitation, any ISP, ESP, or news or user group (including, by way of example and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);

• Is legally actionable between private parties;

• Constitutes a misuse of the service, such as uploading Contacts in excess of your Contact tier, emailing those Contacts, and then purging them shortly thereafter; and/or

• Violates any applicable local, state, national, or international law or regulation, including all export laws and regulations, and without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S. Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchanges, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002), and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;

• Encourages, promotes, facilitates, or instructs others to engage in illegal activity;

• Promotes, encourages, or facilitates hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship, and/or any other characteristic protected by law.

Organizations or individuals who promote, encourage, or facilitate hate speech, violence, or discrimination, either through their own content or through the distribution of user-generated content, are prohibited from using the EcoWorld Service, regardless of whether the EcoWorld Service is used specifically for the prohibited activities. Violation of these standards may result in the termination of your use of the EcoWorld Service.

You are responsible for moderating user-generated content or user activity on your platform or service. User-generated content that violates these standards may result in the termination of your use of the EcoWorld Service.

If you use any of our developer tools, including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms at https://legal.ecoworld.ai/.

You will use the EcoWorld Service for your internal business purposes and will not:

(i) Willfully tamper with the security of the EcoWorld Service or tamper with our customer accounts;

(ii) Access data on the EcoWorld Service not intended for you;

(iii) Log into a server or account on the EcoWorld Service that you are not authorized to access;

(iv) Attempt to probe, scan, or test the vulnerability of any EcoWorld Service or to breach the security or authentication measures without proper authorization;

(v) Willfully render any part of the EcoWorld Service unusable;

(vi) Lease, distribute, license, sell, or otherwise commercially exploit the EcoWorld Service or make the EcoWorld Service available to a third party other than as contemplated in your subscription to the EcoWorld Service;

(vii) Use the EcoWorld Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or

(viii) Provide to third parties any evaluation version of the EcoWorld Service without our prior written consent.

 

7. Restricted Industries

Some industries have a higher incidence of abuse complaints, which can directly impact our ability to provide the EcoWorld Service to other customers. To protect our customers, we reserve the right to discontinue your use of the EcoWorld Services if you operate within one of these industries. Examples include, but are not limited to:

• Cryptocurrency

• Non-fungible tokens (NFTs)

• Escort and dating services

• Pharmaceutical products

• Work-from-home, make-money-online, and lead-generating opportunities

• Gambling services or products

• Multi-level marketing or affiliate marketing

• List brokers or list rental services

• Selling ‘Likes’ or followers for a social media platform

 

8. EcoWorld Trademark Use

Unless you have our express prior written permission, you may not use any name, logo, tagline, or other mark of ours or the EcoWorld Service, or any identifier or tag generated by the EcoWorld Service, including without limitation:

(a) As a hypertext link to any website or other location (except as provided for or enabled expressly by us); or

(b) To imply identification with us as an employee, contractor, agent, or other similar representative capacity.

You also agree not to remove or alter any of these items as we may have provided or enabled.

 

9. Developer Terms

If you use any of our developer tools, including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms at https://legal.ecoworld.ai/developer-terms.

 

10. General Terms

a. Suspension.

We may immediately suspend your access to the EcoWorld Service if you breach this AUP or fail to respond to us in a reasonable period after we’ve contacted you about a potential violation of this AUP. We may also suspend your access as we explain in our Customer Terms of Service, and if you violate this AUP, we may terminate your subscription agreement for cause.

 

b. Content.

We may choose to remove any prohibited materials and deny access to any person who violates this AUP, and we further reserve all other rights.

You can find details about EcoWorld and the European Union Digital Services Act of 2024 at https://legal.ecoworld.ai/, which is not incorporated into this Agreement and provided for your information only.

 

c. Updates.

We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://legal.ecoworld.ai/. If you have an EcoWorld subscription, we will let you know through the Notification app in your EcoWorld account used to access your EcoWorld subscription. If you do not have an EcoWorld subscription, we will notify you by posting the revised copy on our website. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.

 

*******CHECK IF SOME OF THE BELOW IS RELEVANT!!!!!******* Especially GDPR

 

1. Reporting Suspected Violations

We encourage recipients of email messages sent using the EcoWorld Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@ecoworld.ai. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

 

2. Prohibited Email Actions

a. You may not use EcoWorld to send spam.

Spam can be in the form of bulk email or one-to-one commercial emails.

• Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

• One-to-one commercial emails are spam when they violate laws such as CAN-SPAM. These emails are also considered spam if the data processed for purposes of sending that email falls under the scope of the General Data Protection Regulation (GDPR) and you fail to provide notice to individuals and establish a lawful basis for processing.

You may not use the EcoWorld Service in any way (directly or indirectly) to send, transmit, handle, distribute, or deliver: (i) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (iii) email to an address that is incomplete, inaccurate, and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry; (iv) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below); or (v) in violation of the General Data Protection Regulation (GDPR).

 

b. You may not use any misleading or false names, addresses, email addresses, or subject lines.

Email sent, or caused to be sent to or through the EcoWorld Service may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

If you use email, we recommend that you adopt the Messaging, Malware, and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available here. You will use commercially reasonable efforts to follow these practices.

 

c. You may not email purchased lists.

You are prohibited from using the EcoWorld Service to email: (i) purchased, rented, or borrowed lists, and (ii) lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by acceptable industry practices.

 

3. Email Opt-Out Requirements

To ensure compliance with applicable laws, you must include an easy and clear way for recipients to opt out of receiving further communications from you. All commercial emails sent using the EcoWorld Service must include a mechanism for unsubscribing from future messages.

 

4. Telephone, Texting, and Messaging

You may not use the EcoWorld Service to make calls, send texts, or other forms of messaging that violate applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM, or GDPR.

 

5. No Disruption

You agree not to use the EcoWorld Service in a manner that could harm, disrupt, or otherwise interfere with the integrity, security, or performance of our systems or those of our clients and their customers.

 

6. Proper Usage of the EcoWorld Service

The EcoWorld Service must be used appropriately and as intended. You agree not to abuse, misuse, or exploit the EcoWorld Service in any way that violates this AUP or applicable law.

 

7. Restricted Industries

EcoWorld.ai does not permit its services to be used in connection with certain industries that are deemed to be high risk or inappropriate. This includes but is not limited to adult content, illegal activities, and gambling.

 

8. EcoWorld Trademark Use

You may not use the EcoWorld name, logo, or trademarks without prior written consent, except as permitted by our trademark usage guidelines.

 

9. Developer Terms

If you use our Developer Services to build integrations, applications, or other products, you must comply with our Developer Terms, available on our website.

 

10. General Terms

This AUP is subject to our General Terms and Conditions, which can be found on our website. We may update this AUP from time to time, and you agree to comply with the most current version of this AUP.