Terms and Conditions

Introduction

Welcome to Notify.World (the "Site"), an application operated by 1way2cloud GmbH, based in Zurich Switzerland. Please read these Terms and Conditions of Use (the "Agreement") carefully before using the Site.

This Agreement sets forth the legally binding terms and conditions for your use of the Site, and your use of any other features, content, or applications offered from time to time in connection with the Site, excluding Third Party Content (defined below) not provided by us but accessible from the Site (collectively, the "Services"). By viewing or otherwise using the Site or Services, you agree to be bound by this Agreement.
Use of the Site and Services are subject to acceptance without modification of
(a) all of the terms and conditions contained in this Agreement,
(b) all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services and
(c) all additional terms and conditions that may be promulgated by us from time to time with respect to certain Services offered by us on the Site, which are all incorporated into this Agreement by reference.

We reserve the right in our sole discretion to
(a) change, modify, add, or delete portions of this Agreement,
(b) change, suspend, limit or discontinue any portion of or all of the Site and/or Services (including, without limitation, the availability of any feature, database or content), and/or
(c) charge for any portion of or all of the Site and/or Services, in each case, at any time.

We will provide notice of such changes only by posting the updated Agreement on our Site and changing the "last updated" date listed above, by posting a notice on the Site or by sending you an email. This Agreement applies exclusively to your access to, interaction with, and use of, the Site and Services and does not alter in any way the terms or conditions of any other agreement you might have with us for certain products or services, or otherwise. We encourage you to review our Agreement each time you visit the Site or use a Service to see if it has been updated since your last visit. By clicking an “I Accept” button, or accessing or using the Site and/or the Services following a reposting of the changed Agreement or a posted notice from us or your receipt of an email from us notifying you of any changes to the Agreement constitutes acceptance of those changes.

Any questions or comments about the Site should be directed to contact@notify.world
If you do not agree to these Terms, you should not access or otherwise use the Site and the products and services offered on, or via, the Site.

Privacy Policy

We believe strongly in protecting user privacy. Users of the Site and/or the Services should refer to the Privacy Policy and that is incorporated into this Agreement by this reference, before using the Site or the Services or providing any information to us.

User Account

In order to access or use some features of the Sites, you will have to create a user account (a “User Account”).

To create a User Account you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration for a User Account, you will provide email and create a password ("Account Information"), which may permit you access to certain areas of the Site not available to persons without a User Account.
We reserve the right to refuse registration of, or cancel a User Account, in our sole discretion.

You are responsible for safeguarding and maintaining the confidentiality of your Account Information. You are solely responsible for the activity that occurs under your User Account and using your Account Information, whether or not you have authorized the activity. You agree to notify us immediately at support@notify.world of any breach of security or unauthorized use of your User Account or your Account Information.

Your Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘Forgot Password’ link in the sign-up process, or inside your Dashboard settings once logged into the Site.

We encourage you to use ‘strong’ passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

SMS country support

Please note that currently we only support sending SMS to these coutries:
Andorra, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Iceland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United States, United Kingdom.

If you are from a country not on this list, you can still use the Account except the part where you setup your mobile phone number in the user profile section. That means we will send you email when one of your tags get scanned, but won't be able to send you SMS.

In relation to your Account, you undertake that you will:
(i) not disclose your Password to any third party;
(ii) take reasonable measures to prevent disclosure of your Password to any third party. You are liable for all use of the Site using your Account or Password.
(iii) provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
(iv) remain responsible for anything that happens through your Account; and
(v) not impersonate another account holder or provide false identity information to gain access to or use the Site.

Please notify us immediately if:
(i) you become aware that your Account or Password is being used without authorisation; or
(ii) there is any other security breach relating to your Account or Password.
(i) Previously granted access to anyone else can be revoked or cancelled by you at any time from within your Account, including if you suspect a security breach or misuse of your Account details.
(j) By creating an Account, you represent and warrant that you are at least 18 years of age.

Billing and cancellation

Notify.World allows you to access certain premium features or content in exchange for a recurring fee, as applicable to the relevant features or content (Paid Service).

You may subscribe to our Paid Service (eg Premium) directly through us.

We offer monthly and annual subscription options.

We will, via Stripe, charge your credit card the subscription fee, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.

We don't store any of your Credit Card information on our Site. We completely rely on Stripe to handle all you Credit Card payments and safekeeping.

Change of mind:
At any point, you may change your subscription from Paid to Unpaid (Free) plan and vice versa. You will pay only for the days you used a Paid subscription. Difference will be recalculated and you will receive a refund.

Renewal and cancellations
Your subscription to a Paid Service will automatically renew at the end of each subscription period until it is cancelled. You may cancel or downgrade your subscription at any time.

Cancellation by us
We reserve the right to immediately terminate, suspend or block your access to any Paid Service if you breach any of our terms, policies and guidelines, including if we are unable to charge you due to an invalid payment method (eg expired credit card).

If payment fails due to an invalid payment method (eg expired credit card), you will be prompted to provide updated credit card details to continue with the subscription.

If you fail to update your payment method within a reasonable amount of time, we may cancel your subscription, in which case your data may be held for a further 6 months before it is deleted.

Changes to Paid Service
At any time, you may upgrade the Paid Service to a larger plan. Upgrades will be implemented immediately and your credit card will be charged accordingly.

Content

All materials on the Site and available through the Services other than Private Submitted Items and Public Submitted Items (as defined below), including, without limitation, our logo, design, text, graphics, other files, and the selection and arrangement thereof (“Our Content”) are the proprietary property of the Company or its affiliates or licensors. You may electronically copy and print to hard copy Our Content for the sole purpose of using materials on the Site for informational, non-commercial, personal and internal use only, provided you keep all copyright and other proprietary notices intact. Any other use of Our Content, including any commercial use or reproduction for purposes other than described above, or modification, distribution, republication, display, or performance of such materials, without our prior written consent is strictly prohibited.

Trademarks and Other Intellectual Property

"Notify.World" and other trademarks on the Site and available through the Services are trademarks or service marks of the Company or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

The Company might have patents, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in the pages of the Site and any software underlying the Site and/or the Services (the “Software”). Our providing you with access to the Site or any Services does not give you any license to the Software or any of our other intellectual property. Any rights not expressly granted herein are reserved for us.

Disclaimer

THE SITES, SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE SITE, SERVICES AND CONTENT AVAILABLE ON OR THROUGH SUCH SITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT CONTENT AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY ALSO DOES NOT REPRESENT OR WARRANT THAT (A) THE SITE OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.

Your use of the notify.world-provided forms does not create an attorney-client relationship between you and us. We offers do-it-yourself online forms and generalized educational content about wills, which should not be considered, nor is it intended to be, legal advice. If you need legal advice, please consult a lawyer. Any information you provide to us, and all communications between you and notify.world, are not protected by attorney-client privilege.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS), OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, CREDITORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (B) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $1.00, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, USE OF, OR INABILITY TO USE, THE SITE, SERVICES OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE SITE OR SERVICES, IN EACH CASE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by the Company on account of technical problems or traffic congestion online or on the Site or through the Services, or any combination thereof including any injury or damage to a person's computer related to or resulting from downloading any materials from the Site or Services. If, for any reason, the Site or Service is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company that threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of the Site or Services, we reserve the right, in our sole discretion, to cancel, terminate or suspend the use of the Site and Services.

CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SITE OR SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE WILL TERMINATE YOUR USE OF THE SITE AND SERVICES AND RESERVE THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, and all of its and their officers, directors, employees, stockholders, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to
(a) your use of the Site and Services or any Materials or Submitted Items you provide, including, but not limited to, any claim by a third party that any Materials or Submitted Items you provide infringe or violate such third party's rights or interests and/or
(b) your breach of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and/or Submitted Items at any time and for any reason, including, but not limited to Material and Submitted Items that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of the Site and Services, and any Material and Submitted Items transmitted by you via or in connection with the Site or Services, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena), to initiate, render, bill and collect for our products and services, to protect our rights or property, or to protect users of the Site from fraudulent, abusive, or unlawful use of the Site and Services.

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of Switzerland and Canton of Zurich, without regard to its choice of law principles to the contrary.

You further agree that any claims or causes of action arising out of or related to the Agreement or the Site or Services, along with the content contained therein, shall be submitted to arbitration as provided below within six (6) months after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Termination

The Company reserves the right, without notice and in its sole discretion at any time, to terminate your right to use of the Site and Services, to block or prevent future access to and use of the Site and Services, and to remove and discard any Material and Submitted Items. If you wish to terminate your account, you may do so by going to Account Settings or contacting us at support@notify.world. Any fees paid for use of the Site or Services or for other products sold by us are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

The Agreement is the entire agreement between you and the Company with respect to the use of the Site and Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the use of the Site and Services. All waivers must be in writing. The Company shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control. The Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with the Company's prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.