Terms of Use
Terms Updated at [2023-22-12]
This Terms of Service agreement applies to your use of our macOS application Prevely, website, and its associated subdomains (collectively referred to as the "Service"). By using the Service, you are agreeing to these Terms. Please read them carefully. You must be at least 4+ years old to be able to use the Service. If you are under the age of majority in your country of residence, you must review this agreement with your parent or guardian to ensure you and they understand it. You can only use this Service if you are legally allowed to form a binding contract with Prevely and are not prohibited by any applicable laws.
Definitions and Key Terms
To help explain things as clearly as possible in Terms and Privacy Policy, every time any of these terms are referenced, are strictly defined as:
We: when this agreement mentions “Prevely,” “we,” “us,” or “our,” it refers to Prevely, which is responsible for your information and providing the Service under this Terms and Privacy Policy.
You: a person or entity that is registered in Prevely application to use the Services.
User(s): refers to any person who is authorized to access Prevely Services.
User Content: means any Content that you provide to Service, and also unique content you receive from Service as answer to your queries.
User Content includes any output data generated with the help of Prevely application.
Subscription Fees: means all charges associated with your Subscription.
Add-on(s) Fees: means all charges associated with your Add-on purchases.
Subscription Period: the length of time period you have agreed to use the Service.
Service(s): refers to the services provided by Prevely app for macOS and related mobile applications.
Add-on(s): are additional features or services that can be purchased separately from a Subscription purchase. Add-ons are Subscription-based and provide extra functionality or usage rights within Subscription, that means it is attached to the corresponding Subscription and Subscription Period when purchased.
Subscription Plan: refers to the applicable subscription level, features, services, and limitations that are outlined on Prevely's website.
Order Form: means any Online sign-up or subscription pages, including ordering forms, agreed to between the parties in order to access the Services and relevant pricing. Multiple Order Forms may be entered into under this Agreement.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Prevely website and use the Service.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
App: when this agreement mentions "app,” “application(s),” it refers to the Prevely application for macOS or Prevely mobile application which can be accessed on the App Store.
Website: “Prevely’s” website, which can be accessed via this URL: https://prevely.com/
Agreement Terms
Agreement Period
This Agreement shall go into effect on the Subscription begin date and will remain in effect as long as User has an active Subscription to our Services, or the Agreement is terminated in accordance with herein terms.
Agreement Termination
Upon the termination of this Agreement, all active Order Forms shall be terminated automatically. However, the termination of a single Order Form shall not affect the remainder of this Agreement, or any other Order Forms.
Upon the termination of this Agreement or any Order Form, all of the rights and licenses granted by Prevely to User under this Agreement will be terminated. This Agreement can be terminated by either party without affecting any other legal remedies they may have at law and without relieving either of them from any liability for any violations that happened before the date of termination takes effect. No party shall be held accountable for any damages caused solely due to the termination of this Agreement in accordance with its conditions.
Termination Procedure
This agreement, and any Order Form may be terminated by either party upon notice if the other party: (A) Breaches any material term of this Agreement and the breach is not remedied within thirty (30) days after receiving written notice, or (B) No longer operates as a viable business or carries out its usual business activities.
Legal policy
Prevely Terms of Service are subject to change without notice. It is user responsibility to check changes in this document. All files are copyright to their respective owners. Prevely directs full legal responsibility of files to their respective users. All other content is copyright by Prevely. Prevely is not responsible for the content of any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files. Except where diligently implied, absolutely NO part of Prevely website may be reproduced or recreated without explicit written permission by operators of Prevely and certified written verification by Notary Public.
Using Our Services
Subscription Terms
Users may subscribe to Services by completing an Order Form within Prevely app for Mac. All Order Forms shall be governed by this Agreement, unless otherwise specified. If there is a discrepancy between this Agreement and an Order Form, the Order Form shall take priority. Prevely authorizes access to the Services through Subscriptions. These Subscriptions will be based on the Subscription Term agreed to in the Order Form. Unless otherwise specified in the Order Form, each Order Form will automatically renew for the same length of time as the expiring Subscription Period, unless either Party notifies the other in writing of their intention not to renew the Order Form at least thirty days prior to the end of the current Subscription Period.
Services Provision
Prevely will provide you the Services according to the Subscription Plan terms you subscribed. Additional abilities may be made available in the form of Add-on packages and additional word credits to use within the
Subscription Period. If you purchase any Add-on package, you can use it until your primary Subscription Period ends.
Supplying of the Services
The supplying means and way of the Services is completely shall be under Prevely's control, management, and supervision. Prevely shall adhere to all applicable laws while fulfilling its role as a software-as-a-service provider. Prevely reserves the right to modify or update the Services as it sees fit.
Access the Services
User is granted a worldwide, non-exclusive, non-transferable, non-sublicensable right to use the Services for the duration of the Subscription Term, subject to User’s payment of all Subscription Fees and compliance with this Agreement.
Support
Subject to payment of all Subscription Fees and with adherence to the terms of this Agreement, We will be available to provide technical support to you via electronic mail 24 hours a day, 7 days a week. You can reach us by sending an email to support@somebay.com
Account information
We may collect Account Information data regarding your use of Prevely and other Users who use the application. We will process Personal Account Information strictly in accordance with our Privacy Policy. You acknowledge and agree that certain Subscription Plans may need to be monitored during the Subscription Period to make sure the number of Users and/or usage of the Services is in accordance with the number of Subscription Plans and Add-ons purchased.
Restrictions on Service Use
Unless prohibited by applicable laws or regulations, you are not allowed to do any of the following:
Use the Service in any way that could cause it to be disabled, overloaded, damaged, disrupted, or impaired, or interfere with other Users access and use of the Service. Additionally, use of any device, software, or procedure that would lead to the same outcome not allowed;
Decode, disassemble, decompile, duplicate, reverse engineer the Service in any way, or attempt to do any of the same;
Apply or inject any malicious or technologically harmful materials, such as viruses, trojan horses, worms, and logic bombs and others able do the same;
Change, circumvent, get rid of, modify, disable, weaken, or block any technical measure or safeguards of the Service;
Attempt to access to, interfere with, damage, or disrupt the Service, accounts registered to other users connected to the Service without proper authorization;
Attempt to access or use the Services in any way that exceeds any limits set by Prevely, including in regards to storage of data;
Apply any spider, crawlers, or other process, software, or queries to access, monitor, extract, copy, collect, or mine information or data from or through our Service;
Use Prevely Service for any unlawful, harassing, unethical, or disruptive purpose;
Access or use the Service from any country or region that is subject to a U.S. and EU embargo or sanctions;
Access or use the Service from or by a person located in, or who is a citizen of, the Russian Federation;
File uploading:
Pornographic files. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
Files that are illegal and/or are in violation of any United States laws.
Files that infringe on the copyrights of any entity excluding the user.
Non-image or non-video files. This includes archived non-image files.
Files intending to harass or spam, or promote anything for commercial profit.
Pornography, adult or mature content.
Violent content.
Content related to racial intolerance or advocacy against any individual, group or organisation.
Excessive profanity.
Hacking/cracking content.
Illicit drugs and drug paraphernalia content.
Sales of beer or hard alcohol.
Sales of tobacco or tobacco-related products.
Sales of prescription drugs.
Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns.
Sales of products that are replicas or imitations of designer or other goods.
Sales or distribution of coursework or student essays.
Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails.
Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others.
Account
You are responsible for keeping your account safe and password secure and confidential, as well as restrict access to your computer/account. You are accountable for all activities and actions done through your account. It is prohibited to share your User login or password with anyone. If you become aware of any security breach or unauthorized use of your account, you must notify us immediately.
Subscriptions
Some features and parts of the Service, including Add-ons, are made available on a paid subscription basis, referred to as Subscription(s). Details about pricing, included features for Subscriptions “Subscription Plan(s)”, and Add-ons fees can be found in Prevely application in the Account section. When purchasing a Subscription or an Add-on within a Subscription, additional terms may apply. These terms shall be presented to you prior to purchase.
You will be charged in advance on a regular schedule each month ("Billing Cycle"). For more information, please refer to the FAQ on our website. You hereby consent at the end of each Billing Cycle, your Subscription will automatically renew and your iCloud payment method for such Subscription will be automatically charged for the applicable fees and taxes for the new Billing Cycle at the beginning of each new Subscription Period. This will occur under the same conditions as the previous Billing Cycle, unless you cancel your Subscription before the renewal date. If automatic billing fails to process for any reason, Prevely may attempt to charge your credit card one or more times. If payment is not successful after multiple attempts, your Subscription will be canceled and you may lose access to paid prevely features associated with your account. You can either cancel your Subscription right in the Account section of the application or email prevely support team at support@somebay.com to let us know that you would like to cancel.
Subscription Fees and Taxes
Subscription Fees
The actual Subscription Fees for your Subscription Plan shall be as specified in the Order Form. Unless stated otherwise in an Order Form, the Subscription Fees for any renewed Subscription Period will be equal to the Prevely Subscription Fees for the relevant Subscription Plan in effect when such subsequent Subscription Term begins. Subscription Fees, including Add-ons are nonrefundable. Use of the Services by User is subject to the rights and limitations specified in the applicable User’s active Subscription Plan. Some features are offered pursuant to a subscription model based on usage. You acknowledge and agree that if your usage exceeds the limits of your active Subscription Plan: (A) You may need to upgrade your Subscription Plan or purchase Add-ons to keep using such features; and (B) Prevely may disable or limit performance of such features.
Invoicing and Payment
Unless stated otherwise in an Order Form, all Subscription Fees shall be due and payable in full upon purchase. If any Subscription Fees are not paid on time or are delinquent, Prevely reserves the right to take action, at its sole discretion: (A) Terminate User's use of the Services or Cancel Subscription; (B) Terminate this Agreement or the relevant Order Form;
Taxes
Users are responsible for paying any other taxes associated with their Subscription. Unless otherwise specified in the terms and conditions of a particular Subscription, all prices listed do not include any taxes, fees, duties, or other charges, such as value-added and withholding taxes that are based upon such charges and imposed by respective country's law.
Fees and Fee Changes
Prevely reserves the right to change the Subscription Fees for the Subscriptions, including Add-Ons, at any moment and at their own discretion. Any changes to the Subscription Fees will take effect at the end of the current Billing Cycle.
If we change the Subscription Fees, we will give you reasonable prior notice of any change in subscription Fees. By continuing to use the application on an active Subscription Plan, you are agreeing to pay the new fees.
Termination
You may delete your Prevely account at any time from within the Account section in the application, or request to delete your account by emailing our support team. Upon your request to delete an account, all content from such
an account and your personal data will be deleted from our servers and can no longer be recovered. We reserve the right to immediately terminate or suspend your account, without prior notice or liability, for any reason, including but not limited to a violation of the Terms.
Warranty Disclaimer
You agree that the Services provided are on an "as is" basis, and that you use them at your own risk. We disclaim any and all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third-party intellectual property or proprietary rights, warranties related to delays, interruptions, errors, or omissions in the services, or any part thereof, warranties related to the transmission or delivery of the services, warranties related to the accuracy or correctness of data, and any other warranties relating to performance, nonperformance, or other acts or omissions by us.
Users Feedback
We are grateful for any feedback, comments, and suggestions for improving our Service (“Feedback(s)”).
You acknowledge and agree that any your contribution of and will not provide you with any rights, title, or interest in the Service or any of the Feedback. Prevely shall have exclusive ownership of all Feedbacks, and may use and disclose without giving further notice or compensation to you, and without retention by you any proprietary or other rights or claims. You hereby assign to Prevely all rights, titles, and interests in any patents, copyrights, trade secrets, trademarks, show-how, know-how, moral rights, and any other intellectual property rights that you have related to any and all Feedback.
Intellectual Property
Rights The Service, its features and functionality, excluding User Content, is and will remain the sole property of Prevely and its licensors. The Service is protected by copyright regulations and other laws of both the United States and foreign countries.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of California, United States, excluding its conflict of laws principles.
Waiver
If we do not enforce any of the rights or provisions stated in these Terms, it shall not be considered a waiver of those rights. If any provision of these Terms is deemed to be invalid or unenforceable by a court, the other provisions of these Terms will still remain in effect and enforceable.
Changes
We will announce any changes to our Terms and Conditions on our website. If there are major changes, we may inform you of them through the Prevely application, or by sending you an email. If you keep using the Service after changes have been made, it is considered that you understand and have agreed to the updated Terms.
Contact Support
If you have any questions, concerns, or if you would like to exercise any of your rights, please don't hesitate to contact us.
Via Email: support@prevely.com
Via this Link: http://www.prevely.com
