Terms of service agreement

1. Acknowledgment and Acceptance of Terms of Service

These Terms of Service (“Terms“) govern your access to and use of Expressalo (“Expressalo”, “we”, “us” or “our”) websites, services, and mobile applications (the “Service”) and the purchase of the Expressalo products (the “Products”) online. The Terms of Service are a legal agreement between you and Expressalo. By using the Service, including without limitation registering with the Expressalo website and mobile application or placing an order, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms of Service (including our privacy policy (“Privacy Policy”), (b) agree to follow these Terms of Service and all applicable laws and regulations governing our Service, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on our  Service as if a resident, and have the right, authority, and capacity to enter into these Terms of Service (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the Service. The Terms of Service (including our Privacy Policy) comprise the entire agreement between you and Expressalo and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms of Service shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by Expressalo. Any offer by Expressalo is conditioned on your acceptance of these Terms of Service.

 

2. Your account

You are required to register with Expressalo if you want to purchase a product online and view and edit your profile. In order to register with Expressalo you must use a valid Facebook account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under the password. By logging into the Service, you represent and warrant that: (i) you are a customer who registered for the Service; (ii) that you are using the Service only for permitted purposes; and (iii) you are not a competitor of Expressalo, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with the intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Expressalo in its sole discretion deems offensive.

 

3. Description of Service

Each Expressalo is a toy, comes in a box, and is ready to give at different occasions. To enhance the giving experience, customers can use Expressalo’s app (available on the AppStore). The app has two main uses: first, the giver (the person who gives the Expressalo to another one); second, the recipient (the person who receives the Expressalo from the giver). Both users must register on the app with a valid Facebook account to use the app. Givers can upload or record a customized video, add a personalized message and send them to one recipient by indicating its email address (which must be the email address the recipient has registered on its facebook account). After logging in with the email address entered by the giver, recipients will get to watch the customized video and see the personalized message by scanning the toy with their device.

Restrictions:

- Expressalo App is only available to mobile devices with operative system iOS 7.0 or superior and with a 5MP camera or superior

- To log in to the Expressalo App users must utilize their Facebook account

- Givers will be able to edit or cancel their videos and messages only until the toy is scanned

- Recipients will be able to download the customized video, at their own risk. Each video will be stored on our server for one month and will be removed after that period of time.

- Videos have a maximum duration of 60 seconds or a maximum size of 5 MB. Neither of these limits can be overpassed

- Messages have a maximum of 250 characters


4. Use of Content

All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications created, uploaded or posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content created, uploaded or posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials created, uploaded or posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Expressalo be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. Expressalo will not be responsible or liable for any use of your Content by Expressalo in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.

 

5. Acceptable Use of Expressalo

Expressalo is trusted by its users, and we trust you to use our Service and Products responsibly. You agree not to misuse the Service and the Products. For example, you must not, and must not attempt to do the following things:

  • use the Service and the Products for any unlawful purposes or for promotion of illegal activities;
  • create any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
  • send unsolicited communications, promotions or advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
  • access, tamper with, or use non-public areas of the Service, Expressalo’s computer systems, or the technical delivery systems of Expressalo’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

 

6. Privacy Policy

It is Expressalo’s policy to respect the privacy of its users. Expressalo’s policies with regard to Personally Identifiable Information it collects from you, what information third parties affiliated with Expressalo collect from you and how that information is used is governed by the Expressalo Privacy Policy, which you can access here: [link to Expressalo's Privacy Policy].

 

7. Security

You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify Expressalo immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Expressalo of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until Expressalo is notified of a breach in security, you will remain liable for any unauthorized use of the Expressalo Service through your account. In consideration for using the Expressalo Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, Expressalo reserves the right to terminate your account immediately and your right to use the Service.


8. Intellectual Property

Software, packaging, toys, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are intellectual property, trademarks, trade dress and of Expressalo in the U.S. and other countries. Expressalo’s intellectual property, trademarks and trade dress may not be used in connection with any product or service that is not Expressalo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Expressalo. All other trademarks not owned by Expressalo that appear in any Expressalo’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Expressalo.

 

9. No Resale or Commercial Use

Your right to use the Expressalo Service is personal to you. You agree not to resell or make any commercial use of the Expressalo Service without the express consent of Expressalo. You may not create bots or other computer generated automatic tools to abuse the Service in any manner. Use that constitutes abuse shall be determined by Expressalo in its sole discretion. Expressalo reserves the right to terminate your account if Expressalo determines you have not complied with these Terms of Service.

 

10. Ordering Products and Services

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order for a Product through the Service. If you are under 18, you may use the Service only with involvement of a parent or guardian. All prices listed on the Service are subject to change. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of the products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Service may change at any time, without notice.

 

11. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

 

12. Payment Terms

For each order on the Service, you agree to pay the price applicable for the Product and  Service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and Expressalo have agreed to an alternate billing arrangement in writing signed by Expressalo, Expressalo will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

 

13. Taxes

Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Expressalo net income), on orders shipped to any other state or on orders shipped outside the United States. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

 

14. Shipping and Delivery

Expressalo, in conjunction with our service providers, will attempt to deliver in the estimated timeframe. You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All Products are deemed accepted upon our delivery of the product to you or your designated recipient’s address. Expressalo is not responsible for:

  • Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
  • Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
  • Product quality problems caused by improper handling by the recipient.

 

15. Order Cancellation Policy and Return Policy

Expressalo does not allow orders to be edited or cancelled after submitted. All sales are final and products may not be returned, except as expressly permitted in these Terms of Service. In the event (a) you received the incorrect item or (b) the product was broken, damaged or otherwise inoperable, Expressalo may, in its sole discretion, provide a refund for the purchase price or allow you to return the product.

 

16. Indemnification

You agree to indemnify and hold Expressalo, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the  Service, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

 

17. Termination

Expressalo, in our sole discretion, may terminate the Expressalo Service or your use of the Service at any time, for any reason, or no reason, including without limitation, if your conduct fails to conform to the terms and conditions of these Terms of Service. Expressalo shall not be liable to you or any third party for termination of the Expressalo Service or termination of your use of the Expressalo Service. You may terminate your participation in the Expressalo Service by notifying Expressalo. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Expressalo makes to the Terms of Service, your only recourse is to immediately: (1) discontinue use of the Expressalo Service; and (2) notify Expressalo of your termination and, at your discretion, notify Expressalo of the reasons for your termination. Upon termination of your use of the Expressalo Service, your right to use the Expressalo Service shall cease immediately. You shall have no right and Expressalo will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Further, your termination of use of the  Service shall not terminate any terms which by their nature shall survive.

 

18. Transactions with Organizations or Individuals

Expressalo shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. Expressalo is under no obligation to become involved in disputes between participants on the Expressalo Service, or between participants on the Expressalo Service and any third party.

 

19. Links to Third Party Sites

Any web sites that are accessible via links included within the Expressalo Service that take you out of the Expressalo Service are not under Expressalo’s control and Expressalo shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

 

20. Disclaimer of Warranties / Limitation of Liability:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PRODUCTS PURCHASED IS AT YOUR SOLE RISK. THE SERVICE AND PRODUCTS PURCHASED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPRESSALO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXPRESSALO MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXPRESSALO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT EXPRESSALO DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO EXPRESSALO FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. EXPRESSALO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE EXPRESSALO SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE EXPRESSALO SERVICE. EXPRESSALO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPRESSALO OR THROUGH THE EXPRESSALO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, EXPRESSALO, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO EXPRESSALO FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO EXPRESSALO IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50). Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. Basis of the Bargain: THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN EXPRESSALO AND YOU. EXPRESSALO WOULD NOT BE ABLE TO PROVIDE THE SITES (INCLUDING THE PRODUCTS, SERVICES, AND CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF EXPRESSALOÕS SUPPLIERS.

 

21. Dispute Resolution

In the unlikely event that Expressalo has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Expressalo claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Miami, Florida under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Expressalo from seeking injunctive or other equitable relief from the courts as necessary to protect any of AgentBot’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AGENTBOT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

22. Outside the United States

We make no representations that the Service, Content or Products available for purchase are appropriate for access or use outside the United States. Those who choose to access any one of our  Service from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

 

23. General Provisions

If any provision of the Terms of Service is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law. Section titles in the Terms of Service are for convenience and do not define, limit, or extend any provision of the Terms of Service. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms of Service may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms of Service without your prior written consent, to any third party. The terms of these Terms of Service shall be binding upon permitted assignees. Expressalo may give notice to you by e-mail, a posting on the Service, or other reasonable means. You must give notice to Expressalo in writing via e-mail or as otherwise expressly provided by Expressalo.

 

24. Modifications to the Service and to Terms of Service

Expressalo reserves the right to modify or discontinue the Expressalo Service without notice to you. Expressalo shall not be liable to you if Expressalo modifies or discontinues its Service. Expressalo reserves the right to change these Terms of Service at any time, effective immediately upon posting on our Service. If you violate these Terms of Service, we may terminate your use of the Service, bar you from future use of the  Services, and/or take appropriate legal action against you.

 

Please contact us at customersupport@expressalo.com with any questions regarding these Terms.