Terms & Conditions

The Terms and Conditions (“Terms”) describe how ADA Notify (“Company, ““we, ““and “our”) regulates your use of this website www.adanotify.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions. If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.

The Site, together with all its content is owned or controlled by Strategic Venture Holdings, a company registered in GA, USA with its office at 4400 Brownsville Road, Ste 105 PMB 3177, Powder Springs, GA 30127.

1. PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

2. SERVICES

The Site allows you to use Services available on the Site. You shall not use services for the illegal aims. We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

3. THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites”). The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

4. PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purposes.  You may not use the Site in a way that may disable, damage, or interfere with the Site. All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content”). The Content is the property of the Company or its contractors and protected by the intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content. You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make illegal and disallowed use of the Content, and you shall not change proprietary rights or notices in the Content. You shall not use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

5. THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of the Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content. No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time. By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all rights to your Content.

6. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose. If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

7. INDEMNIFICATION

You may agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorney fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. They may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

8. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your account of its related services or any part at any time, without notice, in case of your violation of the Terms.

9. MISCELLANEOUS

The governing laws of the Terms shall be the substantive of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms. No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site. Nothing in the Terms shall be derogation of the Company’s right to comply with governmental court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or enforceable clauses will be deemed superseded by valid and enforceable causes shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company. The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

10. SUBSCRIPTIONS & FEES

To access and use the ADA Notify solution you must purchase a subscription through the Website (“Subscription”) unless otherwise agreed with us, in writing. The ADA Notify solution are provided on a monthly or annual subscription basis, according to the subscription plan you chose, in accordance with the respective subscription plans available on the Website (“Subscription Plan” and “Subscription Period”, respectively). 

In consideration of the provision of the ADA Notify solution, you agree to pay us the applicable fees in accordance with your Subscription Plan (“Subscription Fees”). Subscription Fees are stated in U.S. dollars. We reserve the right, at our sole discretion, to update the Subscription Fees, at any time, and will notify you if such an update may affect your existing Subscription Plan upon its renewal. Notwithstanding the foregoing, we reserve the right, at our sole discretion, with prior notice, to increase your Subscription Fees if your Customer Website has more than 100,000 monthly visits or otherwise. 

You must choose a Subscription Plan that is appropriate for the Customer Website or Website Properties in relation to which you wish to use the Services. You may upgrade your Subscription Plan at any time by contacting us via a support ticket. If the specifics of your Customer Website exceed those of your Subscription Plan, we will notify you and ask that you implement an appropriate Subscription Upgrade. If you do not implement a Subscription Upgrade within seven days of such notification an automatic Subscription Upgrade will be implemented so that your Subscription is appropriate to the Subscription Plan applicable to your Customer Website (at our sole discretion). Alternatively, we reserve the right to terminate your Subscription Plan and starting on the date of such termination you will not be able to use the applicable Service(s), in which case you shall be entitled to a refund of any pre-paid Subscription Fee relating to any remaining post-termination Subscription Period. Upon a Subscription Upgrade, you will be billed for the applicable increased amount of Subscription Fees (as such term is defined below), at our then-current rates (available on the Website), either: (a) prorated for the remainder of the then-current Subscription Period, or (b) whenever the Subscription Period is renewed due to the Subscription Upgrade, then the Subscription Fees already paid by you will be deducted from the new upgraded Subscription Fees, and the difference shall be due and payable by you upon the date on which the Subscription Upgrade is made.

The Company uses third-party payment processing service providers (each a “Payment Provider”) to process and collect payments hereunder. You acknowledge and agree that we may, at our sole discretion, change, add, or replace any Payment Provider at any time. You further agree to provide all information and execute any documents that shall be required by Company and/or any Payment Provider, at any time, to facilitate the payments hereunder.

You hereby authorize us, either directly or through the Payment Provider(s), to charge the Subscription Fees via your selected payment method available on the Website, upon its due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable. In the event of failure to collect the Subscription Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect it at a later time, and/or suspend or cancel your access to the ADA Notify solution without notice. We reserve the right, at our sole discretion, to update the payment methods available on the Website, at any time.

If you cancel your Subscription within 14 days of the date of your Subscription (“Refund Period”) by providing us with a written notice, we will refund to you the pro-rata portion of the Subscription Fees pre-paid by you in respect of the period following the effective date of cancellation (“Refund”). When processing your refund, your processing fees will not be refunded. This is implemented to reflect that ADA Notify incurs processing fees from its network and payments partners in instances of refunds, and to match current industry standards. You acknowledge and agree that we may deduct a cancellation fee from the Refund, in accordance with applicable law, from the payment method you provided upon purchasing the Subscription. In order to cancel your Subscription, you must open a support ticket and include your full name, the domain name for which the termination is sought, and a copy of the transaction receipt and/or original invoice number. After the Refund Period, the Subscription Fees are non-refundable and non-cancellable. To the extent permitted by law, if we find that a notice of cancellation was given in bad faith, we reserve the right to reject your Refund request. Subject to the foregoing, upon cancellation hereunder all outstanding payment obligations shall immediately become due for your used Subscription Period.

11. COMPLAINTS

We are committed to resolving any complaints about our collection or use of personal data. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us at: support@adanotify.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

12. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

13. CONTACT INFORMATION

We welcome your comments or questions about the Terms. You may contact us via email at support@adanotify.com