Please make sure you fully understand the contents of this Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of this Agreement, please consult us or obtain legal support.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NEITHER CONTINUE WITH THE PROCESS OF REGISTRATION NOR FURTHER USE THE SERVICES.
Article 1. Definitions
- NewzDash: NewzDash LLC, registered at New Jersey, USA.
- Account: the main trial or paid account for the use of the Service which is created by You, or created by our team based on your approval, when you register for the Service, which will include at one User-account;
- Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighboring rights, as well as rights to know-how;
- Login Details: the email address, username and password which You provide when creating Your Account and with which You gain access to the Service and Your Account;
- Content Information: the public information collected by our platform on content performance and visibility in search engines, such as metrics concerning its ability to be findable, shareable and optimized for SEO.
- Service (Services): the service of NewzDash, which consists of a suite of online marketing reports for search engine optimization ("SEO") located at https://www.newzdash.com/ (the "Website"), which includes tools for research and analysis, automated tracking of search engine performance, and SEO reports as further specified in article 3;. Among other things, the Service enables Users to (a) generate reports and analytics on web pages, news sites, news, media sites or other sites and (d) access an extensive array of resources, including but not limited to, an online platform and its application programming interface ("API").
- Updates: Additional Services. The Services include all updates, modifications and enhancements thereto that NewzDash elects to make generally available to its users of the Services at no additional charge (“Updates”). All Updates shall be subject to the terms of this Agreement. You may subscribe to additional products and services from NewzDash, which shall be subject to the terms of this Agreement, including any supplementary terms made applicable to such additional products and services, or to separate terms and conditions to be accepted by you prior to subscribing to such additional products and services.
- Website: NewzDash’s websites containing and describing the Service.
- User: You or a person who is authorized by You to use the Service on your behalf, by using the main Account;
- You (Your): you, the (legal) person that is using the Service and that has created an Account for the use of the Service;
Article 2. Applicability
2.3 We reserve the right to change the specifications of any Service at our discretion, with or without prior written notice to the Users, by replacement of metrics in reports, Content Information, or description of paid subscription plans on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with NewzDash. Your continued use of the Services following our notice of change will constitute a binding acceptance of the Agreement, as amended.
Article 3. The Service
3.1 The Service is a subscription for an online platform, on which You can monitor the Content Information, based on the metrics defined by NewzDash. The Service is an SEO Dashboard that can track International, National and Local news in near real-time and provides insights to help publishers and news sites to boost their SEO rankings and visibility in Google News and Google Web.
3.3 Additional Services. Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new NewzDash services, shall be subject to this Agreement.
3.4 If you contact NewzDash for consultancy services and advice, NewzDash will render best efforts in providing these consultancy services and will advise You to the best of its abilities. NewzDash does not make any warranties or guarantees with regard to the accuracy or fitness for a particular purpose of the information provided in the consultancy services or advice. NewzDash is never obligated to provide consultancy services or advice.
3.5 NewzDash may access Your Account, if this is strictly necessary for support purposes, and for analysis and improvement of the Service. The access to Your Account is strictly regulated within NewzDash.
3.6 Access to Beta Versions. NewzDash may provide you with access to new functionality, tools, resources and related information which are not yet generally available to our users (“Beta Version”). NewzDash may suspend, limit or terminate access to a Beta Version at any time. You agree that Beta Versions are the confidential information of NewzDash and not to disclose any information about any Beta Version to any third party or use the Beta Version other than for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. You agree that NewzDash is under no obligation to make any portion of any Beta Version generally available in a new release of the Services and that NewzDash makes no representations or warranties, whether express or implied, with respect to the performance, availability, functionality or general release of any Beta Version.
Article 4. Login Details, User Account & registration
4.1 Use of the Services. You may use the Services either as a registered or as an unregistered User. However, you may not use the Services, either as a registered or an unregistered User if you are not of legal age to enter into a contract in your jurisdiction or if you do not have the authority to accept this Agreement. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible. Registering as a User may provide you with additional benefits over using the Services in a visitor (non-registered) capacity.
4.2 NewzDash may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate one or more Accounts on the Service.
4.3 You are solely responsible for the proper operation of the technical infrastructure necessary to use the Service. NewzDash is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computers, data or telecom facilities, including the internet.
4.4 User Responsibilities. You are responsible for all of the following with respect to your use of the Services:
- maintaining the security of your User account and all the activity that occurs on your User account;
- maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary;
- obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges); and
- obtaining and maintaining all equipment necessary to access the Services.
4.5 By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not violate any applicable law or regulation.
4.6 To register as a User, you have to create a user account on the Website by following registration procedures and instructions set forth therein. There is no cost to create a NewzDash User account. However, in order to access certain paid features of the Services, you will be required to provide billing details. As a registered User, you agree to notify us promptly of any changes to your billing details. User account is intended and designed for use by an individual user, unless otherwise stated in your NewzDash subscription plan. You may not give access to your User account to additional users, in excess of the number of users specified in your NewzDash subscription plan. If NewzDash detects multiple users frequently accessing the same User account from various locations, devices, IP addresses, NewzDash may immediately suspend or terminate this User account in its sole discretion.
4.7 You are solely and fully responsible for the maintenance of all of your NewzDash user accounts, including, but not limited to, your User login, password and API key. The API key is a form of access token provided by NewzDash, and can only be affiliated with one User account (the “API Key”). You agree not to share your API Key with any third parties.
4.8 If You think Your Login Details have been used or are being used by a third party, You must notify NewzDash immediately via firstname.lastname@example.org.
Article 5. Permitted use of the Service
5.1: User Permissions
- You are not permitted to harm the interests and reputation of NewzDash;
- No Illegal Purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws.
- No Tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else.
- Permission Required. You may not, without our prior written permission and, solely with respect to lease, resale and sublicense, except as may be specifically allowed under your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services or any data resulting therefrom; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (iii) make derivative works of the Services; (iv) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services; (v) modify another website so as to falsely imply that it is associated with the Services, NewzDash or any other NewzDash products or services; or (vi) make the Website or Services or any part thereof available to others in a service undertaking or outsourcing arrangement or for any other commercial time-sharing, data processing or other third party use.
- Inquiries. You agree not to forward (i) more than 10 inquiries per 1 second from one unique IP address, (ii) more than 10 simultaneous inquiries from 1 User, or (iii) more than 2 simultaneous export inquiries.
- engage third parties to perform any of the above mentioned acts.
5.3 Right to Use Services. NewzDash hereby grants you permission to use the Services and the Website solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.
Article 6. Intellectual Property Rights
6.1 The Intellectual Property Rights in relation to the Service, including the Intellectual Property Rights with respect to the Content Information, are held by NewzDash or its licensors.
Article 7. Privacy
7.2 If and in so far as the Client Website you subject to the Service contains personal data, you guarantee that you are authorized to have NewzDash process this personal data on your behalf for the sole purpose of providing the Service.
7.3 It may be necessary to transfer your personal data to data centers located outside of the servers like other services we use (CRM and Newsletters platform, etc). Your hereby give your permission to do that, if and in so far this is necessary to provide the Service.
7.4 Third Party Services. We reserve the right to use third party service providers in the provisions of all or part of the Services including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the User may be subject to such third party’s terms of service. We accept no responsibility for services provided by any third party.
Article 8. Indemnities and warranties
8.2 You guarantee that You are solely and fully entitled to subject a Account details you provide to us or submit directly into the platform.
Article 9. Liability
9.1 NewzDash accepts no liability for damages that result from:
- the use of the Service,
- the Service being unavailable or the Service not functioning correctly,
- Performance being inaccurate,
- loss of data
- or any other cause, to the extent that is permitted under mandatory law.
9.2 When NewzDash is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to paying direct damages up to the amount paid by the User in the previous year, up to an absolute maximum of $1,000,- per event (a sequence of events will be regarded as one event).
9.3 Direct damage is understood to mean exclusively:
- damage to property;
- reasonable costs incurred to prevent or limit damage to property that could be expected from the event on which the liability is based;
- reasonable costs incurred in determining the cause of the damage to property.
9.4 Any liability of NewzDash for damage other than direct damage (“indirect damages”), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits and lost sales, is fully excluded.
9.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of NewzDash or her managers (“own actions”).
9.6 The creation of any right to compensation is always conditional on You reporting the damage to NewzDash in writing as soon as possible after it has come about. Any claim for compensation vis-à-vis NewzDash will be cancelled simply by the expiry of twelve months after the damage first arose.
9.7 Limitation of Liability. In no event shall NewzDash, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Website. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) fifty dollars ($50) or (b) amounts you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9.8 Third Party Products and Services. NewzDash does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and NewzDash will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
9.9 Other Jurisdictions. We make no representations that the Services or the Website are appropriate or available for use in all locations. Those who access or use the Services or the Website from jurisdiction prohibiting such use, do so at their own volition and are responsible for compliance with local law.
Article 10. Force majeure
10.1 Neither NewzDash nor You are liable to perform any obligation, including any warranty obligation agreed between the parties, if prevented therefrom by force majeure.
10.2 Force majeure is taken to mean inter alia: pandemic, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of NewzDash, shortcomings by third parties which were engaged by NewzDash, disruption of the internet connection, hardware failures and failures in (telecommunications) networks.
Article 11. Payment
11.1 Service Fees. With respect to paid Services, User will be charged the fees set forth in the relevant section on the NewzDash Website located at https://www.newzdash.com or as otherwise offered on the Website for a particular subscription plan (the "Fees"). The Fees, unless explicitly shown during the process of purchasing a subscription plan and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by User.
11.2 You shall pay to NewzDash a fee for the use of the Service. The fees, payment terms and payment methods are communicated on the Website.
11.3 The pricing and payment methods may change from time to time. Any changes to the prejudice of You will be brought to Your attention beforehand. If You do not agree to the changes, Your only option is to terminate the Subscription.
11.4 In the event that payment of any invoice has not been received by NewzDash in full and/or on time, NewzDash has the right to send You a written notice of default, setting a reasonable term for payment, which term is (also) considered to be a fatal term. Parties agree that five days is a reasonable term for payment. In the event that payment has not been made within this reasonable term, NewzDash reserves the right to immediately revoke, suspend or limit Your Account. The foregoing is notwithstanding any other right NewzDash might have, such as the right to partially or fully rescind the Subscription for default. All costs associated with collecting due payments are for Your account.
Article 12. Term and Termination
12.1 If you sign up for NewzDash and find that it's not a perfect fit, please send us a cancellation and/or refund request by email to email@example.com from the registered email address. In order to process your request, we may ask you to provide the following information: a brief comment explaining why would you like to cancel your subscription and/or receive a refund, your billing information, email address, login name. We also may require you to provide us with identity verification information.
Cancellation request. You may cancel your subscription at any time. We will cancel your subscription within 3 business days after receipt of the relevant request.
Refund request. At NewzDash, we offer a 7-day money back guarantee according to the terms described herein. We will provide you the full or partial refund within 30 calendar days from receipt of the relevant request if the refund request was made within 7 calendar days after the payment date and in compliance with this Policy. The refund is provided only for the net subscription price and will be processed through the same method as the original payment.
We reserve the right to reject your refund request if your request refers to the recurring payment or for some other reasons as could be described in NewzDash Terms of Service.
12.3 In case of a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Subscription.
12.4 In case of termination of the Subscription, all outstanding invoices will become due immediately. Termination will not have a retroactive effect.
12.5 No refunds will be paid after this 7-day period.
12.6 Repeated registrations or/and subscriptions for paid Services and cancellations, followed by requests for refunds, by a User may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Service to any such offending User and refuse any refund otherwise available to such User.
12.7 Subscription Cancellation by You. You may cancel your subscription at any time according to the terms of this agreement by sending a written notice of cancellation to firstname.lastname@example.org and providing account information and cancelation reasons. Cancellations of subscriptions to Paid Services shall take effect at the end of your pre-paid subscription period; cancellations of Unpaid Services shall take effect within 7 days of receipt of your request including the required information. Except as otherwise set forth in this agreement, cancellation does not entitle you to a refund of any prepaid or unused Fees and you agree to promptly pay all unpaid Fees due through the end of the applicable subscription period.
Article 13. Miscellaneous
13.1 This Agreement and all matters arising therefrom and any dispute arising between the parties in connection with this Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, United States of America, notwithstanding the conflict of law provisions thereof. The federal and/or state courts in the State of New Jersey, as applicable, shall have exclusive jurisdiction in any legal proceedings resulting or connected with this Agreement, and the User hereby irrevocably submits to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
13.3 NewzDash may use Your name and logo for promotional activities relating to the Service in any current and future promotional channels and You grant to NewzDash a license under the applicable IP-Rights to use Your name and logo for that purpose.
13.6 You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.
Last updated: February 03, 2021