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Terms of Service

Effective Date: September 17, 2024

Welcome to CTAbuild. By accessing or using the CTAbuild software and related services provided by Genie Nutrition ApS, a company registered in Denmark with VAT number DK-44524279, you agree to comply with these Terms and Conditions. Please read them carefully.

1. Acceptance of Terms

These Terms govern your use of the CTAbuild software and services, including your rights and responsibilities. You must be at least 18 years old to use the Service. If you do not agree with any part of these Terms, you must not use the Service.

2. Account Registration and Security

To use CTAbuild, you must provide accurate information, including your name and payment information. By subscribing, you agree to pay any applicable fees.

You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. By registering, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3. Fees and Payments

Certain features of the Service may require payment. All fees are non-refundable unless otherwise stated in these Terms or required by law. You must provide a valid payment method, and by providing payment information, you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase.

4. Cancellation and Subscription Changes

You may cancel your subscription at any time, and your access to the Service will continue until the end of the current billing period. We do not offer refunds for partial periods or unused services.

You can upgrade or downgrade your subscription at any time. Upgrades take effect immediately, and you will only be charged for the remaining time of the current period. Downgrades take effect in the next billing period, and no refunds will be provided for downgrades.

5. Plugin Data Collection

We do not collect personal data such as names or emails. However, CTAbuild collects non-personal data, including cookies and encrypted IP addresses, to provide analytics services and improve the user experience. The accuracy or reliability of the data collected and presented by CTAbuild cannot be guaranteed. Users should independently verify any data or insights derived from our Service before making decisions or taking actions based on this information.

6. Cookies, Data Usage, and GDPR Compliance

6.1. Cookies and Data Usage

CTAbuild uses cookies to enhance user experience, for analytics purposes, and to track user behavior. By using our site, you agree to our use of cookies. The data collected through our software is used solely for analytics purposes. This includes tracking visitor behavior via cookies and encrypted IP addresses. We respect user privacy and are committed to protecting it. We do not sell any collected data to third parties.

6.2. Data Collection Limits

Each month, based on their subscription plan, users have a specific limit on the number of visits that can be tracked. A "visit" is defined as a single page visit by a visitor; one visitor can generate multiple visits if they navigate across different pages on the website. If the visit limit is reached during the month, the CTAbuild plugin will stop collecting data until the limit resets at the beginning of the next month.

6.3. User Responsibilities for Compliance

Compliance with Data Privacy Laws: Users must comply with all data privacy laws applicable to their geographic region, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), ePrivacy Directive, and any other relevant laws. Users are responsible for obtaining all necessary permissions and consents from their website visitors, including the use of cookie banners, explicit consent mechanisms, and privacy policies.

User Obligations on Data Breach: In the event of a data breach affecting information collected through CTAbuild, users are required to notify their website visitors and relevant authorities in accordance with applicable laws.

Compliance with Cookie Laws Beyond GDPR: Users are responsible for ensuring compliance with regional cookie laws beyond GDPR, including but not limited to the CCPA and ePrivacy Directive.

Security Obligations and Disclaimer: CTAbuild implements appropriate technical and organizational measures to secure the data processed on behalf of users. However, users are responsible for implementing their own security measures on their platforms. While we strive to protect data, absolute security cannot be guaranteed, and we are not liable for breaches outside of our reasonable control.

Obtaining Necessary Consents: Users are responsible for obtaining all necessary consents from their website visitors before using CTAbuild. This includes informing visitors about the use of cookies and data collection practices and ensuring that consent is obtained in compliance with applicable laws.

Compliance with All Applicable Laws: Users must ensure that their use of CTAbuild complies with all applicable laws and regulations, including but not limited to data protection, privacy, and consumer protection laws.

Use of "Ignore Consent" Option: The CTAbuild WordPress plugin includes an option to "ignore consent." This option is intended solely for testing purposes during the development phase. In a live production environment, users of the plugin must always obtain explicit consent from their website visitors before tracking any data. Ignoring consent in a production setting violates data privacy regulations and can result in legal consequences.

6.4. GDPR Compliance and User Responsibilities

CTAbuild is fully compliant with the General Data Protection Regulation (GDPR). As a user of CTAbuild, you acknowledge that CTAbuild acts as a data processor for any data collected via the script installed on your website, while you are the data controller.

As the Data Controller, You Are Solely Responsible For:

Obtaining Explicit Consent: You must display a cookie consent banner and obtain explicit consent from your website visitors before collecting any data through our plugin (e.g., IP addresses, cookie-based data). It is your responsibility to ensure that the consent mechanism is functioning properly and to test it regularly to confirm compliance.
Providing Information to Users: You must inform your visitors about the nature of the data collected, its purpose (analytics), and how it will be used.
Facilitating Data Subject Requests: You are responsible for addressing GDPR-compliant requests, such as access to personal data, requests for data deletion, or restricting data processing.

CTAbuild, as the Data Processor, Will:

Process Data as Instructed: CTAbuild will not process or use your collected data in any way other than how you have directed and as is necessary to provide our analytics service. We adhere strictly to the guidelines and limitations you set and those specified in the agreement.
Ensure Data Security: We implement appropriate technical and organizational measures to protect the data we process on your behalf.
Assist with Compliance: CTAbuild will assist you in meeting your GDPR obligations, such as responding to data subject requests.

7. Data Retention

CTAbuild retains the data collected through our Service for as long as necessary to provide the Service and comply with legal obligations. Users can delete their website data from the dashboard at any time, even if their subscription is canceled. Additionally, users can request data deletion by contacting our support team. Upon termination of service, data will be retained for 30 days unless otherwise requested by the user.

8. Sub-processors

CTAbuild may engage third-party service providers ("Sub-processors") to assist in providing the Service. Currently, our Sub-processors include:

MongoDB
Redis
Vercel

These Sub-processors are responsible for handling data in accordance with our instructions and relevant data protection laws. A current list of Sub-processors is available upon request. Users have the right to object to the use of any Sub-processor by contacting us at [email protected].

9. Data Localization

Data collected through CTAbuild is stored and processed in secure data centers located in Iowa, United States. We ensure that all data processing complies with applicable data protection laws.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms and any policies referenced herein constitute the entire agreement between you and Genie Nutrition ApS regarding the use of the Service and supersede any prior agreements.

12. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Genie Nutrition ApS. Genie Nutrition ApS may assign its rights and obligations under these Terms without restriction.

13. Modification of Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Export Controls

Users agree to comply with all applicable export and import laws and regulations of Denmark and other countries and regions, including without limitation the U.S. Export Administration Regulations, as they may apply to the Service.

15. User Data Responsibility

Users are responsible for maintaining their own backup copies of any critical data collected or processed through CTAbuild. We are not responsible for any loss of data.

16. Service Level Agreement (SLA)

CTAbuild strives to ensure the Service is available 99.9% of the time, excluding scheduled maintenance. In the event of downtime beyond this threshold, users may be eligible for service credits as outlined in our SLA.

17. Notice of Changes

We may update these Terms from time to time. Significant changes will be communicated to users via email and through notices on our website. Continued use of the Service after such changes constitutes acceptance of the new Terms.

18. Limitation on Use of Data

Users agree not to use the data collected through CTAbuild for any unlawful purposes or in any manner that violates these Terms. Unauthorized use includes, but is not limited to, selling data to third parties, using data to create competing services, or manipulating data in ways that compromise its integrity.

19. Limitation of Liability

To the fullest extent permitted by applicable law, Genie Nutrition ApS, its affiliates, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

(a) your use or inability to use the Service;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any interruption or cessation of transmission to or from the Service;
(d) any bugs, viruses, or the like that may be transmitted to or through the Service by any third party;
(e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
(f) Unauthorized use of the Service by users.

We are not liable for any loss, corruption, or unauthorized access to the data collected. Users are responsible for maintaining their own backup copies of any critical data collected or processed through CTAbuild.

20. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We make no warranties or representations, either express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Service. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

21. User Responsibilities and Indemnification

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You are solely responsible for any content or data you collect or distribute through the Service, and you agree to indemnify, defend, and hold harmless Genie Nutrition ApS, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your:

Violation of these Terms;
Use of the Service;
Violation of any third-party rights, including data privacy rights.

Additionally, you are responsible for obtaining all necessary consents from your website visitors before using CTAbuild and ensuring that your use of the Service complies with all applicable laws and regulations.

22. Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. No Guarantee of Results

CTAbuild does not guarantee that the Service will meet your requirements or expectations or that the use of the Service will lead to specific business outcomes, such as increased sales or customer engagement. You are solely responsible for any decisions or actions you take based on the insights or data provided by the Service.

24. API and Third-Party Integrations

24.1. API Usage Restrictions

If your subscription includes access to the CTAbuild API, usage must comply with all terms specified in our API documentation. We reserve the right to suspend or limit API access if terms are violated, misuse is detected, or security concerns arise.

24.2. Third-Party Plugins and Integrations

CTAbuild may integrate with or link to third-party services and plugins. We are not responsible for the privacy practices, security measures, or data handling of these third-party services. Users are responsible for reviewing and agreeing to the terms and privacy policies of any third-party services they choose to integrate with CTAbuild.

25. Data Transfer Upon Company Sale

In the event that Genie Nutrition ApS is sold or otherwise transferred to another company, all user data collected through CTAbuild will be transferred to the acquiring entity. Users will be notified of such a transfer via email and through notices on our website. The acquiring company will assume all responsibilities and obligations regarding user data as outlined in these Terms. Users retain the right to request the deletion of their data prior to or following such a transfer by contacting our support team at [email protected].

26. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

27. Entire Agreement

These Terms and any policies referenced herein constitute the entire agreement between you and Genie Nutrition ApS regarding the use of the Service and supersede any prior agreements.

28. Assignment

29. Governing Law

These Terms & Conditions are governed by the laws of Denmark, and any disputes will be resolved in Danish courts.

30. Contact Information

If you have any questions about these Terms, please contact us at:

Genie Nutrition ApS
VAT: DK-44524279
Email: [email protected]

Thank you for choosing CTAbuild. We are committed to providing you with a secure and reliable service to help you achieve your goals.