Last updated: February 2020
These are the Terms of Service for Convertri, from Architech Labs Ltd, a company registered in England and Wales with company number 09958949 and with its registered office at 100 Church Street, Brighton, East Sussex BN1 1UJ (“We”, “Us”, “Our”). Please take a moment to read them – we’ll keep it as painless as legalese allows.
Convertri is a page-building application that lets you create marketing and experience funnels for your business (the “ Application”) and our website is found at www.convertri.com (the “Website”). These Terms set out what you are allowed to do, what you’re not allowed to do, and all the usual disclaimers. To keep it easy to read, our services are collectively called the “Services”. These Terms set out how we provide these services to you.
By accessing, installing or using our Services, you agree to be bound by these Terms. If you don’t want to be bound by these Terms, don’t use these Services. If you find a site hosted on Convertri that you believe is violating these Terms, let us know at firstname.lastname@example.org. We take a distinctly dim view of these things.
When you make a purchase for the Services through the Website, a contract will be made between you and us. It is important you understand this as it means you agree to do and not certain things in relation to our Services.
Changes To Terms Or Services
We may modify these Terms and our Services at any time, at our sole discretion. If we do so, we will let you know, either through e-mail or a notice on the Website.
It’s important that you review the updated Terms when we do modify them, because continuing to use the Service after we’ve notified you about updates indicates that you agree to be bound by the new Terms. If you don’t agree to be bound by the new Terms, stop using the Services.
We’re a growing company, and our Services are often updated. Because of this, we may, at our sole discretion, change or discontinue all or any part of the Services at any time, with or without notice to you. We will not, however, make changes to any promises made in any service which you have already signed up to.
You will not ordinarily be able to make changes to a Service which you have signed up to. If you do wish to make a change, please contact us and we will advise if such a change is possible and, if relevant, the costs to you of making any change.
Convertri offers subscription Services on monthly or annual plans. In order to subscribe to our Services, you will be required to provide either a valid credit card or valid PayPal account. For more information on how we handle your payment data, please see:
The day on which you are billed depends on whether or not subscribe to a monthly or annual account (your “Account”). On subscribing to a monthly Account, you will be billed on the day you sign up and then monthly every 30th day therefrom. On subscribing to an annual Account, you will be billed on the day you sign up and then annually every 365th day therefrom.
All prices are listed on the Website along with details of the various Services. Each bill paid ensures your access to the Services for either 30 days (for monthly Account holders) or 365 days (for annual Account holders). If you do not pay your bill when it is due, you will be unable to access the Services until payment is made.
If you are not satisfied during your first thirty (30) days of using our Service, you may contact us to request a refund. After your first thirty (30) days of access to the Service, no refunds or credits will be given for partial months of Service or refunds for months unused. In order to treat everyone equally, no exceptions will be made.
If you are not satisfied and more than thirty (30) days have passed since the Services were started you will not have an automatic right to a refund unless we have failed in our ability to provide the Services adequately to you.
Cancellation and Refunds
Where you want to cancel the Service, whether or not you are entitled to a refund, you can do this by contacting us by email at email@example.com.
Where a refund is due to you, we will refund you by the same method you used for payment.
We will make any refunds due to you as soon as possible but, in any event, we will endeavour to do this within 14 days.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders which means they are responsible for all financial transactions conducted in relation to the Application on our Website. Paddle provides all customer service enquiries and handles returns.
Access to the Services
In some circumstances, we may have to suspend the Services. This may be because we need to deal with technical problems or make minor technical changes or to update the Services to reflect changes in relevant laws or regulations.
We may suspend your access to the Services if you breach any of these Terms. If this happens, you may have to pay to us reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will provide you with more information on these costs should this situation arise.
Charter Memberships are a special form of Annual Account where the User pays a fee for the first year of access, and is then billed $0 for subsequent years.
New features will be provided to Charter Members at our sole discretion. Charter Members may be required to subscribe in order to gain access to certain new Convertri features in the future. Charter Members will not be asked for an extra subscription in order to keep access to the Services as they were at the commencement of their Charter Membership.
These Terms will apply to all Charter Members save for any provisions relating to the requirement to make payment for the Services which conflict with the wording of this part.
The Services provided include facilities for image storage, bandwidth, funnels, subdomains and, if you own the relevant licence, sub-accounts. The available bandwidth and the number of landing pages provided as part of the Services is not unlimited unless we have expressly told you otherwise and is restricted to a certain level depending on which account type you hold; if you exceed this limit your pages may no longer be shown to your visitors. Further bandwidth can be purchased on a subscription basis by contacting firstname.lastname@example.org. Image storage is unlimited within reasonable use. ‘Reasonable’ is defined at the sole discretion of Us. If We deem your use of the Services to be unreasonable, we may restrict access or remove some of your content from the Services.
Where you are offered the ability to upload files onto the Website or Application as part of the Services, each file is subject to a maximum size however the number of files is unlimited but subject to reasonable use.
We want to hear from you! You can submit comments, improvements or suggestions about the Service to email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
Your privacy is very important to us. The short version is that we’re not going to do anything evil with your data. The long version can be found at: https://www.convertri.com/privacypolicy
Intellectual Property Rights
With the exception of your Content, we are the owner or the licensee of all intellectual property rights in our Website and the Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to whom you may provide services in accordance with these Terms to content posted on the Website or Application.
You must not attempt to modify the digital content on any part of the Website or Application in any way, and you must not de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the content on the Website or the Application.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so.
Your use of any material on the Website or Application or to use the Services in breach of these Terms will mean that your right to use Website and Application will cease immediately and you must, at our option, return or destroy any copies of the materials you
In these Terms, “Content” means text, graphics, video, images, audio, works of authorship of any kind and information or other materials that are in any way made available by you through the Service.
You are responsible for the Content you make available, including its legality, reliability, and appropriateness. We claim no intellectual property rights over the material you provide to or on the Website or Application. Your site and your Content remain yours. However, by creating Content to be shared publicly on or through Our Service, you agree to allow others to view and share your Content published through the Service.
Architech Labs does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant Us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Our Services.
You represent and warrant that your Content and information collection and marketing practices conform to legal requirements, including those of the TCPA/CAN-SPAM, and that:
A) Your Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms;
B) Your posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. We do not pre-screen Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any Content that is available via the Service. We will have no obligation to provide a refund of any amounts previously paid by any user.
C) Upon posting, publishing, or otherwise creating Content on your site(s) through Our Services, you direct your users, customers and site visitors to your own terms, conditions, rules and policies. Architech Labs is not, and will not be held to be responsible for Content appearing on your site(s), and any disputes, claims or actions arising out of such Content.
D) You will not, and will not permit any person to whom you grant access to the Website or the Application to, post any Content which:
- is defamatory of any person.
- is obscene, offensive, hateful or inflammatory.
- is reasonably likely to bully, insult, intimidate or humiliate.
- promotes sexually explicit material.
- includes child sexual abuse material.
- promotes violence.
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- infringes any copyright, database right or trade mark of any other person.
- is likely to deceive any person.
- breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promotes any illegal activity.
- is threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- is likely to harass, upset, embarrass, alarm or annoy any other person.
E) All of your Content which is stored or published using the Services conforms to local and international laws. Hosting illegal content using the Services will cause your account to be terminated and the relevant authorities contacted.
Architech Labs does not permit the sale of Convertri accounts or sub-accounts without our prior agreement. You may, if you have an account tier which allows access to sub-accounts, offer your services for the design and hosting of pages and use a sub-account to provide access to those pages for your clients. However, the reselling of Convertri accounts as stand-alone Convertri accounts is not permitted under these Terms.
Determining what is a breach of these terms will be under our sole discretion, but as a rule of thumb, if your client thinks they are buying services from you, your actions are within these terms of service. If your client thinks they are buying Convertri, your actions are breaking these terms of service.
In the event that we determine you have used the Website or the Application in any way other than as described in the Services, we will immediately terminate your Account and your access to the Services and we may seek legal action to recover any losses we have been caused.
Architech Labs Content
Subject to your compliance with these Terms, Architech Labs grants you a limited, non-exclusive, non-transferable, non-sublicenceable licence to access and view Our content (“Architech Labs Content”) solely in connection with your permitted use of the Service.
For the purposes of these Terms, Architech Labs Content shall include all text, graphics, images, templates, arrangements, audio, video, works of authorship by Us or Our affiliates of any kind that is included within the Service. While you have an active account with Us, you may edit and modify templates for your own use. However, immediately upon termination, discontinuation or cancellation of your Account, you may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Architech Labs Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Architech Labs Content; or (iii) use the Services or Architech Labs Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any
Architech Labs Content.
Architech Labs Ltd cares about copyright law, and expects you to care about it too. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.
The Copyright Designs and Patents Act of 1988 (the “CDPA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under UK copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked.
The notification must be sent to:
Architech Labs Ltd
Attn: Legal Department
100 Church Street
We provide the above contact information for the purposes of CDPA notices only, and reserve the right to only respond to correspondence that is relevant for this purpose.
Links and Advertisements of Third-Party Sites
The Website or Application may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
In using our Services, you agree that you will defend, indemnify and hold harmless Architech Labs, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by:
(i) your use of and access to the Services;
(ii) your violation of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or
(iv) any claim that your Content caused damage to any third party.
This is important because we need to protect our business against these losses. If any contract between you and us is terminated, this section will continue to apply and we will still be able to enforce this indemnity against you.
The Service and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We expect the Application and the Website will work just as we intend however, we are aware that issues sometimes occur. Please note that we will not be held liable for any loss, damage or inconvenience you might suffer as a result of the Application not being available, being defective or not working in the way you had expected and you agree that you will have no right to take action against us unless this is expressly set out in any relevant law.
If the Services damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Neither Architech Labs nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, mobile damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Architech Labs has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that, although we have taken steps to advise users in these Terms the restrictions that apply to them, we have no control over the content which users may post on the Website or in the Application. You agree that you will not hold us liable for any illegal, offensive, defamatory content or for any loss you may suffer because of content posted by another user of the Application.
Wherever we are found to be liable to you for any loss you suffer in connection with the Services, our total liability in connection with these Terms will not in any event exceed the lesser of the amounts you have paid to Architech Labs for use of the services during the
twelve (12) months prior to the cause of action, and one hundred dollars ($100).
If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
These Terms are the entire and exclusive understanding and agreement between Architech Labs and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communications provided by Architech Labs under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Architech Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Architech Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Other Important Terms
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end any contract within 30 days of us telling you about it and we will
refund you any payments you have made in advance for Services not provided. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable business case for doing so.
These Terms and any contract are between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
If you have any questions regarding these Terms, please e-mail us at firstname.lastname@example.org