PLATFORM AGREEMENT
Effective Date: August 1, 2024
This Platform Agreement (the "Agreement") is entered into by and between Confetti, a company organized under the laws of Delaware ("Confetti," "we," "us," or "our"), and you ("Customer" or "you"). By using our platform, services, or website (the "Platform"), you agree to the terms and conditions outlined in this Agreement.
1. Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, along with our Privacy Policy and any additional terms applicable to specific services or features.
2. Services Provided
Confetti provides gifting and marketing automation tools, including but not limited to prospect enrichment, personalized gift recommendations, and email campaign management. Specific services may require a subscription or one-time payment, as outlined on the Platform.
3. Subscription Plans and Payments
3.1 Subscription Plans
Certain services on the Platform may require a subscription. Subscription plans, features, pricing, and payment intervals will be outlined at the time of purchase and may include options such as monthly, quarterly, or annual billing.
3.2 Recurring Payments
By enrolling in a subscription, you authorize Confetti to charge the payment method provided by you on a recurring basis until the subscription is canceled. Subscription fees will automatically renew at the end of each billing period unless canceled before the renewal date.
3.3 Payment Terms
Payments must be made using an accepted payment method (e.g., credit card).
All fees are non-refundable unless otherwise stated.
You are responsible for any applicable taxes or charges imposed by your jurisdiction.
3.4 Changes to Pricing
Confetti reserves the right to change the pricing or structure of subscription plans. Customers will be notified in advance of any pricing changes, which will take effect at the start of the next billing cycle.
4. Cancellation and Termination
4.1 Cancellation by Customer
You may cancel your subscription at any time through your account settings or by verbal or written notice to a team member. Cancellations will take effect at the end of the current billing cycle, and no further payments will be charged.
4.2 Termination by Confetti
Confetti may suspend or terminate your access to the Platform if:
You violate this Agreement.
Payments are not made on time.
Confetti determines, in its sole discretion, that your use of the Platform harms or could harm its services, reputation, or customers.
5. Customer Responsibilities
You agree to provide accurate and up-to-date information when creating an account and using the Platform.
You will not use the Platform for unlawful, fraudulent, or unauthorized purposes.
You agree to maintain the confidentiality of your account login information.
6. Intellectual Property
Confetti retains all rights, title, and interest in the Platform, including any content, trademarks, or intellectual property associated with it. You may not copy, modify, distribute, or reverse-engineer any part of the Platform.
7. Limitations of Liability
To the maximum extent permitted by law, Confetti shall not be liable for:
Indirect, incidental, or consequential damages.
Loss of data, profits, or business opportunities arising from the use or inability to use the Platform.
The total liability of Confetti for any claims shall not exceed the total amount paid by the Customer to Confetti in the preceding 12 months.
8. Dispute Resolution
8.1 Governing Law
This Agreement shall be governed by the laws of California, without regard to its conflict of laws principles.
8.2 Arbitration
Any disputes arising under this Agreement shall be resolved through binding arbitration in Los Angeles, CA, in accordance with the rules of the American Arbitration Association.
8.3 Class Action Waiver
You agree to resolve disputes with Confetti on an individual basis and waive the right to participate in a class action or consolidated proceeding.
9. Changes to the Agreement
Confetti reserves the right to update this Agreement at any time. Customers will be notified of any significant changes via email or a notice on the Platform. Continued use of the Platform after such changes constitutes acceptance of the revised Agreement.
10. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning its subject matter.
Severability: If any provision is deemed invalid, the remaining provisions shall remain enforceable.
No Waiver: Failure by Confetti to enforce any provision shall not constitute a waiver of that provision or any other provisions.