1. Catchfull Terms of Service
The present Terms of Service regulate the relationship between yourself and Catchfull. Read them carefully before using our services.
“Catchfull” means Catchfull OOD, a company duly incorporated under Bulgarian law, registered with the Commercial Register to the Registry Agency of the Republic of Bulgaria with Company No 204419250.
“Website” means Catchfull’s website https://catchfull.com.
“Software” means Catchfull’s pop-up software that can be accessed via the Website.
“User” means any legal or natural person who creates an account on the Website.
3. Scope and subject
These contract terms apply for the use of the Website, the Software and Catchfull’s services, provided by Catchfull’s employees.
The Software is operated by Catchfull as a web-based SaaS solution. The Users use the Software to create & implement popup messages, website banners & forms on their websites. The Users may use readymade templates or customize any templates and implement website visitor behavior trigger in order to display a message at a precise time. The Users can use the Software operating on Catchfull servers or third-party server providers via an Internet connection during the term of their contract, subject to these terms of service.
By registering an account on the Website or using the Software or installing Catchfull’s snippet code on a website, you acknowledge to have read and understood the present terms of service and agree to be bound by these terms of service. If you do not agree to these terms of service, you must not access and use the Website and the Software.
Catchfull reserves the right to amend these terms of service at any time without stating reasons. It is the responsibility of the User to inform themselves of any changes to the terms of service by regularly visiting and consulting the terms of service, published on this page.
If you use the Website and the Software on behalf of a third party you warrant that you are authorized to act on behalf of the third party and are bound to these terms of service.
If a third party uses Catchfull’s software through your account you and the Third Party are bound by these terms of service.
4. Registration and subscription to the service
In order to use Catchfull’s services & Software you need to register an account on the Website. You may not use pseudonyms or artistic names and you warrant that you are of full legal age at the time of registration. In case you are a representative acting for a client, you agree that you are validly authorized to act on behalf of the client in relation to using Catchfull’s services & Software.
A User can create only a single account through the Website. The User voluntarily provides data to Catchfull to complete the account registration process. The User is obliged to inform us if any of their information changes. A User is obliged to keep the password and all other personal data secret and to ensure that any staff with access to the information does the same. Catchfull will not give your password to any third parties and will at no time ask for your password, unless when signing in to use the Software. Catchfull will not, under any circumstances, be held accountable for any misuse of the User’s account, resulting from a third-party using the User’s password.
You agree to let Catchfull use your organization’s logo & name in its customer list & other places on the Website as part of any marketing & promotional material.
Catchfull is not to ensure the identity of the persons using and registering for its services and is not responsible for any attempts and cases of identity theft. Catchfull will not be held liable for any loss or damage that results from failure to maintain the security of the User’s account and password. If an incident of identity theft occurs, please inform us at the following address: firstname.lastname@example.org.
Catchfull reserves the right to conduct any security checks in relation to the information provided by the User. If Catchfull has reason to believe that any information provided is likely to breach any of the provisions in the terms of service, we can unilaterally take action any action we deem appropriate, including terminating the User’s account.
Catchfull provides Users with two types of subscription packages for access to its software, based on the number of websites that the software can be installed on and the number of impressions/submissions per month/year:
A) Freemium – Free – Single website, 2500 impressions/submissions per month.
B) Several paid versions:
– Growth – Monthly 30 EUR VAT Inc. (unlimited websites, 60,000 impressions/submissions per month )/Annual 288 EUR VAT Inc. (unlimited websites, 720,000 impressions/submissions per year).
-Pro – Monthly 70 EUR VAT Inc. (unlimited websites, 250,000 impressions/submissions per month)/Annual 672 EUR VAT Inc. (unlimited websites, 3,000,000 impressions/submissions per year).
When completing the account registration process, the User gets a 7-day free trial period during which the User can use the full functionalities of the Software without having to provide any payment details.
Following the 7-day free trial period, in order to continue using the Software, the User has to select a subscription package. Details on the different subscription packages can be found in the Pricing Policy section of the Website. We have the right to add and amend any of the subscription packages, including the feature list, tech specifications, pricing etc. at any time.
The subscription packages are based on a monthly/annually renewable subscription, prepaid by valid bank card the details of which the User enters through the Website. As long as the user does not terminate the subscription package, the system will bill the provided valid bank card every month or every year, based on the selected subscription package. The payment of subscription is due even if the software is not used. Where a fee cannot be levied, the User shall bear all applicable costs, in particular bank costs in connection with the return of debits and comparable fees.
The User has the right to end their subscription to the service, at which point the user will be able to use the software until the end of the subscription period which was prepaid. If the User does not use the service or terminates the contract, Catchfull is not required to make any reimbursements.
In order for the User to see the Software displayed on their website, the User must install the Catchfull snippet code on their website. The responsibility to install the Catchfull snippet code lies with the User.
If the User is not satisfied with the Software, they can request a refund within 14 days of the first payment, however Catchfull will not provide a refund in any other cases.
Catchfull maintains all applicable invoices in the User’s Catchfull profile.
5. User responsibilities
The User agrees to be bound by the present terms of service and abide by the laws and regulations in effect within the country in which they are located.
The User agrees not to license the Software.
The User is responsible for the distribution, supply and sale of any products featured in pop-ups. Catchfull does not have any role in the distribution, supply and sale of products.
Catchfull does not have any sort of relationship to anyone to whom a pop-up is displayed. That relationship is between the User and the website visitors, to whom the pop-ups are displayed.
The User is SOLELY and completely responsible for the content and legality of information (including any images, sounds, videos, photographs and other types of media) contained within the popups they create.
Catchfull serves as a distributer of popups and does not verify or check any of the popups created prior to their publication.
The User will not publish any inappropriate content in the popups and guarantees that any content does not violate confidentiality agreements or does not contain any denigrating, defamatory, offensive, discriminatory and violent content, including content that is suggestive or outright displays any form of prejudice against sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
The User guarantees that they have full rights and authorizations for any content that they publish and the liability of Catchfull cannot be sought.
The User indemnifies Catchfull against any claims or actions brought on by third parties against Catchfull, in particular actions brought by anyone who believes they have any rights over the content of the pop-ups and shall bear all costs related to the proceedings to which Catchfull might be exposed, as well as any damages and interest which Catchfull might be sentenced to pay.
Catchfull reserves the right to intervene if any content in the User’s pop-ups is contrary to the present terms of service and may remove the content without any prior notice, as well as terminate the User’s account and subscription.
6. Waiver of responsibility
Catchfull cannot be held liable to its Users and any third parties for any punitive, indirect, consequential or incidental damages, including loss of profits, loss of data collected through Catchfull, loss of income or opportunity, customers, reputation damage, due to the provision of Catchfull’s services.
In any cases where jurisdictions do not allow limitation or exclusion of liability in the extent stated above, Catchfull and its contractors’ total liability to you or any third parties, resulting from any legal claims under the present terms of service, shall not exceed the total fees paid by the user to Catchfull within two months previous to the date the claim has been first brought against Catchfull.
Catchfull does not guarantee that its services will be available without any interruptions or errors. Interruptions are possible due to updates, server maintenance and other types of procedures, including but not limited to procedures necessary to the improvement and betterment of the Website and the Software.
Catchfull is not liable to its users and any third parties in case of impossibility of access, malfunction or poor user conditions of the services occurring due to unsuitable equipment and technical malfunctions of the User’s equipment, as well as Internet congestion and malfunction and any other reason outside of Catchfull’s control, including any instances of force majeure.
7. Catchfull ownership
The Website, the software and any content published on the Website and within the Software is owned by Catchfull and is protected by copyright and intellectual property laws. Any reproduction or representation without Catchfull’s explicit consent is strictly forbidden. The terms of service do not convey to the Users any rights of ownership of the Website and the Software. No license is granted to any of the underlying technology of the Software. It is expressly forbidden to reverse engineer and create any derivatives of the Software. The Website and the Software can be used only for commercial use in relation to their intended digital marketing purposes. Catchfull’s name and logos are trademarks of Catchfull and no license or rights are granted to use them. All rights not expressly granted herein are reserved by Catchfull.
Any data, information or material received by the Website and the Software from the User is the property of the User and the User retains all rights, titles and interest in the data, including all copies, modifications, extensions and derivative works.
8. Termination of services
Catchfull reserves the right to terminate the User’s account and access to the Website unilaterally and without explanation. The User can terminate their account by contacting Catchfull and requesting their account to be terminated. No refund will be issued for any prepaid amounts as per these terms of service. All pop-ups will be disabled upon termination and will no longer show on the designated websites by the User. Some provisions of these terms of service will still be in effect after the termination of services, including, but not limited to any warranty disclaimers, proprietary rights, limitations of liability and indemnities.
9. Miscellaneous provisions
All matters relating to these terms of service and any dispute or claim arising therefrom or related thereto (in all cases, including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of the European Union and the Republic of Bulgaria.
Any legal suit, action or proceeding arising out of or related to these terms of service shall be instituted exclusively in the competent Bulgarian court in Sofia, Bulgaria.
If any provision within the terms of service is found unenforceable, that provision will be severed from the terms of service and will not affect the validity and enforceability of the remaining provisions.
Catchfull may transfer any rights and obligations related to the provision of its services to third parties.
Catchfull reserves the right to update the terms of service by posting the updated version here. Unless explicitly indicated otherwise, the updated terms of service enter into force on the day they are published on Catchfull’s website. The Users must monitor the terms of service familiarize themselves with the updated version of the terms of service when visiting Catchfull’s website.
Catchfull’s failure to enforce and exercise any of the rights mentioned in the terms of service does not waive Catchfull’s right to enforce or exercise such a right. Any waiver of rights shall only be effective if it is in writing and signed by Catchfull.