Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING DOBLOCK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By accessing or using Convotic ("Service"), operated by Convotic ("Company," "we," "our," or "us"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and the Company.

2. Description of Service

Convotic provides a software integration service that connects Instagram Business accounts with HubSpot CRM. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the authority to bind any entity on whose behalf you are using the Service.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Third-Party Services

The Service integrates with third-party platforms including but not limited to Instagram (Meta Platforms, Inc.) and HubSpot, Inc. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or reliability of these third-party services. Changes to third-party APIs or terms may affect or disable our Service without notice.

YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THIRD-PARTY SERVICES AND ASSUME NO RESPONSIBILITY FOR THEIR ACTIONS, AVAILABILITY, OR CONTENT.

6. User Responsibilities and Acceptable Use

You agree that you will NOT:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Violate Instagram's, Meta's, or HubSpot's terms of service or policies
• Send spam, unsolicited messages, or engage in harassment through the Service
• Attempt to gain unauthorized access to any accounts, systems, or data
• Interfere with, disrupt, or overburden the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to collect, harvest, or store personal data without proper consent
• Transmit any viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots, scrapers) to access the Service without authorization

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY CONTENT YOU TRANSMIT THROUGH IT.

7. Subscription, Payment, and Billing

7.1 Free Tier

We may offer a free tier with limited functionality. Free tier features and limits may change or be discontinued at any time without notice.

7.2 Paid Subscriptions

Paid subscriptions are billed in advance on a recurring basis. By subscribing, you authorize us to charge your designated payment method. All fees are non-refundable except as expressly stated herein or required by law.

7.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. No prorated refunds will be provided for unused portions of a billing period.

8. Intellectual Property

The Service, including all content, features, functionality, software, and trademarks, is owned by Convotic and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL BE COMPATIBLE WITH THIRD-PARTY SERVICES.

WE MAKE NO WARRANTIES REGARDING THE AVAILABILITY OR FUNCTIONALITY OF INSTAGRAM, HUBSPOT, OR ANY OTHER THIRD-PARTY SERVICES. THIRD-PARTY SERVICE PROVIDERS MAY CHANGE, LIMIT, OR DISCONTINUE THEIR SERVICES AT ANY TIME, WHICH MAY AFFECT OR DISABLE OUR SERVICE.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOBLOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS
• LOSS OF DATA OR DATA BREACHES
• LOSS OF GOODWILL OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• BUSINESS INTERRUPTION
• ANY OTHER INTANGIBLE LOSSES

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Convotic and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations
• Any content you transmit through the Service
• Any claim by a third party related to your use of the Service

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or pandemics, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of third-party services, or internet or telecommunications failures.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco County, California for the resolution of any disputes.

15. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Convotic regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

19. Contact Information

For questions about these Terms, please contact us at:

• Email: legal@convotic.com