New version updated 21st of March 2019
This Agreement between Orangear LLC, a legal entity incorporated under the laws of the state of Nevada, USA ("Orangear”, “Company”, “we”, “us”, “our”), and you (“Tenant”, “User”, “you”, “your”) defines the additional terms of service regarding the Products and the Services.
ORANGEAR may at any time make changes to this Agreement by posting modified Service Level Agreement on its Website and/or inside its Products. Please, review from time to time relevant page with this Agreement in order to be updated in cases of any changes. Your use/continued use of the Products explicitly demonstrates that you agree to this Agreement (and then current version of this Agreement) and constitutes your binding consent to its terms, including any changes and modifications that ORANGEAR makes from time to time.
For your convenience, the last revision date is included at the top of this page.
We do not deploy the Products or store the Services Data on your servers.
We store the Products, the Services Data, your data and data of User’s Partners at servers of third-party supplier.
Be aware, that the Products, the Services, the Services Data, your data and data of User’s Partners may be unreachable at some point, not due to our fault.
Be aware that we delete data (including the Services Data) of inactive accounts withing approximately (i) for the unused statistics – one (1) year starting from the date of creation of such data, (ii) for the offers in “stop” mode – within six (6) month starting from the date of stop, and (iii) for the data regarding clicks, acquisitions, installs, etc. - within three (3) month starting from the date of creation of such data. We do not guarantee that any of your data shall be accessible after you’ll renew your use of the Products and/or the Services.
You are strongly advised to copy/download your data (the Services Data) every 30 days in order to keep necessary copies of your data (the Services Data) you may need in the future. You should not rely on accessibility of your data (the Services Data) in the Products.
You may ask for full deletion of your data and data associated with you (the Services Data). In this case you should acknowledge that all data related to you (including check results) will be erased and it won’t be possible to restore such data after.
From time to time the Products requires maintenance. We will notify you in advance (either by email, messenger, in your personal account, or in any other applicable way).
Maintenance shall not take more than 3 hours straight and shall not be done more than 4 times a month.
We will do our best to make maintenance at night time according to the time of Nevada, USA (UTC -8).
The Products and/or Services shall be available 99.9%, of time measured monthly, excluding holidays and weekends and scheduled maintenance. If the User requests maintenance, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Orangear’s control will also be excluded from any such calculation. User's sole and exclusive remedy, and Orangear's entire liability, in connection with the Products and/or Services availability shall be that for each period of downtime lasting longer than six (6) hours, Orangear will credit user 0,5% of the Services (amount is calculated on pro-rata basis to user’s tariff plan) for each period of six (6) hours of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as user (with notice to Orangear) recognizes that downtime is taking place, and continues until the availability of the Products and/or Services is restored. In order to receive downtime credit, user must notify Orangear in writing immediately when the downtime occurred (in any case within 12 hours), and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for 5% of the Services (amount is calculated on pro-rata basis to user’s tariff plan) in any one (1) calendar month in any event. Orangear will only apply a credit to the month in which the incident occurred. Orangear’s blocking (stop, termination, etc.) of access to/use of the Products and/or Services in accordance with its policies shall not be deemed to be a failure of Orangear to provide adequate service levels under this Agreement.
Industry accepted error up to 2% of the Services Data may occur from time to time.
Also, discrepancies are possible due to the incorrect operation of your or any third party’s servers, which may, for example, duplicate postbacks or, conversely, do not send them, do not count clicks for any of its parameters, etc. We interpret this as the responsibility of a third party and expressly disclaim all the responsibility for such discrepancies, faults, damages, loses, fees, claims, suits etc.
Orangear provides its Tenants with support from 10 a.m. till 6 p.m. (time zone UTC +2). Support options shall vary depending on the tariff plan.
The response time of the support service can be up to 72 hours in business (banking) days (time zone UTC +2).
If there is support option in your tariff plan, or you have an offer regarding modifications, improvements or a complaint regarding services, you can contact us from your personal account (Tenant’s cabinet) or by email to firstname.lastname@example.org.
Orangear does not provide support to any third parties (including User’s Partners). It's your business activities, your responsibility, your commercial secrets and risks. You can use materials from https://orangear.zendesk.com/ .
Support to any third parties (including User’s Partners) shall not be given regardless of the tariff plan of yours.
Orangear does not provide legal support and is not responsible for relations between you and any third parties. Within such relationships, we are a third-party software solution and you should not rely on us when making decisions regarding the conclusion of the relevant agreements with your customers (affiliates, User’s Partners, etc.) or taking obligations of any kind.
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT AND ALL THE INCORPORATED DOCUMENTS, UNDERSTANDS THEM, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ORANGEAR AGREEING TO PROVIDE THE PRODUCTS AND/OR SERVICES, THE USER AGREES TO BE BOUND BY THIS AGREEMENT (AND OTHER DOCUMENTS INCORPORATED HEREIN BY REFERENCE).