The mission of RippleFly, Inc. is help sales and marketing teams move beyond collecting unqualified leads at their trade events to engage, qualify, and close more good event sales opportunities.
You agree that by using RippleFly’s Service (the “Service”), you are entering into a legally binding agreement with RippleFly, Inc., a Delaware Corporation with its principal place of business at 27 School Street, Suite 404, Boston, MA 02111, based on these Terms of Service (the “Agreement”).
Description of Services
Here are the three main ways the Service helps engage, qualify, and close more good event sales opportunities:
Personalized invitations. The Service makes it possible to engage target event prospects with personalized invitations, including invitations to speaking sessions, product demos, workshops, meet and greets, and other event activities. Personalized invitations lead to more qualified event meetings and better booth traffic.
Real-time qualification. The Service makes it possible to qualify prospects in real-time, on-site at an event by easily capturing key elements of potential purchasers needs, role in the purchase process, budget, and timing.
Opportunity scoring and reporting . The Service scores and ranks sales opportunities emerging from an event to help sales representatives prioritize their event follow-up and to help marketers, sales managers, and CFOs make informed decisions about event selection, budgets, and marketing.
Use and Limitations of Use
RippleFly, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the Services that correspond to the subscription you have purchased, based on this Agreement. You are limited to the number of users and number of events as described in the Subscription agreement between you and the company.
Your license to use the Services is conditioned upon your representations and warranties that:
1) you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
2) you will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way, or;
3) you will not “frame” or “mirror” any of its content in any other server or wireless or Internet-based device;
4) you will not use the Services in any manner that could damage, disable, overburden, or impair any RippleFly, Inc. website or interfere with any other party's use and enjoyment of the Services;
6) you will not modify software made available to you through the Services in any manner or form, nor use modified versions of the Services or software, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
7) you will not to access the Services by any means other than through the interface that is provided by RippleFly, Inc. for use in accessing the Services;
8) you will not obtain or attempt to obtain any materials or information through any means that RippleFly, Inc. has not intentionally made available or provided; and
9) you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any unauthorized use of Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with RippleFly, Inc. to prevent any unauthorized copying of the Services or Content.
Customer Data Confidentiality
Confidential customer data is the property of the customer. RippleFly, Inc. will not use personally-identifiable confidential data without prior customer consent. RippleFly, Inc. may use aggregate de-identified customer data and statistics to support internal analysis and to provide aggregated sales intelligence to users of the Service.
Access to APIs
The Services may include access to application programming interfaces (“APIs”). You acknowledge and agree that RippleFly, Inc. may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and RippleFly, Inc. will bear no liability for such decisions. It is solely your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.
RIPPLEFLY, INC. DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT ANY APIs WILL BE AVAILABLE WITHOUT INTERRUPTION OR WITHOUT BUGS.
Disclaimer of Warranties
We provide the Service “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE AND ALL SOFTWARE AND SERVICES DISTRIBUTED THROUGH OUR SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL RIPPLEFLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SERVICE. IN ADDITION, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICE.
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RIPPLEFLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property Issues
You acknowledge and agree that RippleFly retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights.
RippleFly respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide our copyright agent (identified below) the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our copyright agent for notice of claims of copyright infringements on the Site can be reached by directing an e-mail to legal@ripplefly.com
Termination of Service
You agree that RippleFly, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to the Service (or any part thereof), immediately and without notice, and remove and/or destroy any information within the Service, for any reason, including, without limitation, if RippleFly believes that you have acted inconsistently with the terms of this Agreement. Further, you agree that RippleFly shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Indemnification
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Service, and (3) any activity in which you engage on or through RippleFly.
Changes to this Agreement
RippleFly may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check our website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Service. Use of the Service after any modifications to the Agreement indicates that you agree to such modified Agreement.
Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and RippleFly regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
