Terms of Service
Last updated: 26 May 2020
These General Terms of Service shall apply to your use of the service (the “Service” or “TargetMeet”) and constitute a contract between you and the company providing the Service, Soft Point Consultores, S.L. (“The Company”). These terms govern your access to and use of the TargetMeet application and website (the “Service”), and any video, sound, text, graphics or other materials posted, received, stored or otherwise displayed on the Service (collectively, “Content”). Some parts of the Service may display Content that is not Soft Point Consultores, S.L.’s Content (“User Content”). (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When “Content” is used in this document, it refers both to the content provided by a User and collectively, unless otherwise specified.
Where applicable, “The Company” shall also mean affiliates, suppliers, partners and other third parties through which you may participate or cooperate in connection with the Service.
We may change these Terms at any time. We keep a historical record of all changes to our Terms on GitHub. If a change is material, we will inform you before it takes effect, provided we have your correct email address. By using TargetMeet on or after that effective date, you agree to the new Terms. If you do not agree to them, you must delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms. For paid versions of the Services or Content you have already purchased, we will notify you at least 30 days prior to any material changes, including price changes.
TargetMeet is only for persons 18 years of age or older. By using TargetMeet, you represent that you are over the age of 18. If it becomes apparent that someone under the age of 18 is using TargetMeet, we will terminate your account. For use in educational settings or to use our meetings API in your own service, please contact us.
How you can use the Service
The free version of TargetMeet is for legitimate individual use only (personal or business communication). Commercial use of TargetMeet as part of your own business activity requires one of our paid plans or the Meetings API. Use of TargetMeet requires that you have hardware, software and an Internet connection that meets certain recommended requirements, as may be specified in our Support Centre. If the recommended requirements are not met, you may still be able to use the Service, but typically with reduced quality or performance. Such reduced quality or performance will not entitle you to claim any compensation from TargetMeet.
In order to use certain parts of the Service, you will need to create a personal account with TargetMeet. You may register an account by following the instructions on the website and other instructions as requested. You are responsible for providing and maintaining accurate and up-to-date personal information and for safeguarding your account information. You may not select or use the identity of another person with the intention of impersonating that person. You must use a valid email address, and TargetMeet reserves the right to verify this at any time. TargetMeet will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your account is strictly personal and must not be used by any other person. In any event, you are solely responsible for your use of the Service or through your personal user account.
We may change, terminate or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations on use based on what we consider to be fair or lawful use, for both free and paid users.
You are responsible for your use of TargetMeet, including the legality of any content displayed, shared, uploaded or made available to you on the Service (“User Content”). User Content includes room names, and you are responsible for ensuring that room names do not include prohibited User Content (as detailed below). Your room names are used to build the links that identify your rooms, and the guests you invite and other third parties may (request) to enter your rooms based on these links. As these guests do not need to authenticate to TargetMeet to do this, please note that room names should be considered public information. Do not include information that you do not wish to make public in room names.
Restrictions on content and use of the service
We also reserve the right to access, read, preserve and disclose any information that we deem reasonably necessary to:
comply with any law, regulation, legal process or governmental request
Enforce the Terms including investigation of potential violations of this Agreement.
Detect, prevent or otherwise address fraud, security or technical problems
Respond to user support requests; or
Protect our rights, property or safety, our users and the public.
We reserve the right to report illegal activities to the appropriate local authorities.
Prohibited User Content includes, without limitation, content that:
Is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
Displays or links to pornographic, sexually explicit or other indecent material.
Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
Promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work;
Infringes the trademarks, copyrights, or legal rights of others.
Contains restricted or password restricted pages or hidden pages or images;
Solicits passwords or personal data from other users; or Violates the rights or harms or threatens the safety of other users of the Service.
Shares personal information about others without their consent.
Any use or reliance on any Content or materials posted through the Service or obtained by you through the Service is at your own risk. We do NOT endorse, represent or warrant the completeness, truthfulness, accuracy or reliability of any Content or communication posted via the Services nor do we endorse any opinion expressed via the Service. You acknowledge that by using the Service, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise misleading. Under no circumstances will we be liable in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available through the Service.
We grant you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software we provide to you as part of the Service for your personal or commercial use. This licence is for the sole purpose of allowing you to use the Service as intended by us, subject to these Terms.
You may not do any of the following when accessing or using the Services:
Access, tamper with or use non-public areas of the Service, our internal computer systems, including our subcontractors’ technical delivery systems used to provide the Service.
Probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available and published interfaces provided by us (and only in accordance with those terms and conditions), unless you have been specifically permitted to do so in a separate agreement with us;
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, misleading or false source identification information; or Interfere with, or disrupt (or attempt to disrupt), the access of any user, host or network, or by scripting the creation of Content in such a way as to interfere with or create an undue burden on the Service or its users.
The Service may contain cryptographic functionality where the export thereof may be restricted under applicable export control laws. You shall not export or re-export the Service or any portion thereof in violation of such laws or regulations.
Charges for use of the Services:
The Service is available as a FREE plan for personal use or, a paid PRO Plan for professional use by individuals and a BUSINESS plan for professional use by teams or organisations. We also offer a Developer API (“Meeting API”) as an extension of the BUSINESS plan, for customers who wish to integrate TargetMeet into their own products or tools.
As a free user, you can choose to upgrade your account at any time, which will provide you with additional PRO features in the rooms you own. PRO features will be available to all guests visiting the room, even if they are anonymous.
We reserve the right to change the features included in our plans, the price of the paid plan and the structure of the plan at any time.
The BUSINESS plan requires the creation of a custom subdomain (Company.targetmeet.co.uk) and allows you, as the account creator, to invite other users to create a profile on the account. By registering for a business account, you confirm that you are a legal representative, or are acting on behalf of such a person, of the company name used in the account subdomain. You may not set up an account that impersonates or infringes the trademarks of others. If your content or actions on the service or use of our API violate any laws, including but not limited to spam, phishing, copyright infringement, defamation, cyber attacks or fraud, we will terminate your service as soon as we discover it.
You will find an up-to-date overview of the content of the plans on our Pricing page. Details about the use and billing of the Meetings API will be detailed in the order form you commit to as a customer.
We will notify all paying users of material changes to the content, price and terms of the plan.
All payments will be made in advance or otherwise as set out on the Pricing page. If your payment is not successful, your room will be downgraded to the free plan with access to Pro features removed. If you have created more than one room during your Pro subscription, you will need to select a room to continue using it under the TargetMeet Free plan. Upgrading to Pro or Business will initiate a recurring subscription, and you will be billed each quarter in advance, on the day of the month in which it was first created. You can cancel the subscription at any time on the billing page, and then you will have access to Pro features for the remainder of the period you have paid for. At the end of that period, your account will be automatically downgraded to the free plan. If you choose to reactivate your subscription before the account is downgraded, you will continue to have the Pro features without interruption. In the event of payment failure for business and professional customers, you will be notified by email and within the service. If repeated attempts to collect payment fail, we may disable or block access to the account until all invoices are settled. If payment is not received within a reasonable time, as described in our support centre, the account will be downgraded to Free (for Pro) or deleted (for Business).
Our financial institution provides payment processing services whereby, including the processing and storage of credit card data, are subject to the Services Agreement (“Services Agreement”). By accepting these terms and continuing to operate as a customer of a paid-for plan, you agree to be bound by the Services Agreement, as the same may be amended from time to time. As a condition of permitting payment processing services, you agree to provide accurate and complete information about you and your business, and you authorize us to share information with the financial institution about this information and transactions related to your use of the payment processing services provided by the financial institution.
Privacy and Personal Data
TargetMeet will comply with the privacy regulations of Spain and the EU.
TargetMeet may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the website, or through any other communication channel.
TargetMeet may offer to send you promotional information by SMS, email or other means of electronic communication. You may opt-in to receive such communication and you can manage your consents on the Settings page at https://targetmeet.es/user/profile.
We may make available functionality that allows you to integrate other services (“Integration Service”) into TargetMeet . Your use of such services will be governed by the applicable Terms for the Integration Service used. Currently, these include the YouTube Terms of Service, and the Google Drive Terms of Service.
By using the Service or third party integrations to the Service, you may be exposed to commercial messages and advertisements. The website and the Service may contain links to third party websites. These links are provided solely for your convenience and not as an endorsement by TargetMeet of the contents of such third party websites. TargetMeet excludes any liability for the content of linked third party websites.
Intellectual Property Rights
All right, title and interest in and to the Service (excluding User Content) are and shall remain the exclusive property of TargetMeet. The Service and its content are protected by copyright and other intellectual property rights in the country where you reside as well as in foreign countries.
Except for the limited, personal, non-exclusive, non-transferable, revocable license granted to you for the sole purpose of your use of the Service in accordance with the Terms, you are not granted any ownership or license to any intellectual property rights in our Service or in the content we own from our partners that you access through the Service.
The trademarks, logos, domain names and other similar signs or symbols displayed on the website or as part of the Service are registered and unregistered trademarks of TargetMeet. Nothing in the Terms grants you the right to use any such marks.
You retain your rights in any Content you submit, post or display on or through the Service. By submitting User Content, you grant to TargetMeet, or shall procure that your licensors grant to TargetMeet, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable, worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose whatsoever, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you have the right to submit such User Content and to grant us such license.
You can stop using our Service by deleting your account under Settings in your personal account on the Website. As a paid plan subscriber, you may terminate your subscription at any time and you will have access to the Service for the remaining (prepaid) billing period. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. Users on paid plans may be entitled to refunds and to the extent this is described in our Support Centre. No user is entitled to refunds upon termination due to breach of these Terms. What we consider fair use is described in our Support Centre. We reserve the right to terminate accounts with usage that exceeds the Fair Use Policy.
Disclaimer of Warranty. TargetMeet provides the Service to you “as is”. You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means that the Service does not include any warranties. Neither express nor implied. The Service will be continually developed and you acknowledge that changes in functionality and design may be made without notice. TargetMeet makes no warranties, express or implied, as to the availability, merchantability, fitness for a particular purpose, infringement, accuracy, completeness, performance and quality of the Service. TargetMeet will from time to time need to carry out upgrades and maintenance to the Service, due to technical, security or operational reasons, during which time the Service may be unavailable. TargetMeet will use reasonable efforts to perform updates and maintenance outside of peak usage hours.
Limitation of Liability. TargetMeet shall not be liable for any damages, whether in law, contract, contract, warranty, indemnity, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data access to the Service. In any event, TargetMeet’s total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident giving rise to liability.
Indemnity. You agree to indemnify, defend and hold TargetMeet harmless from and against all of its claims, liabilities and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Service in breach of the Terms or applicable laws. TargetMeet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall cooperate in good faith with TargetMeet in asserting any available defenses.
Partial Invalidity. If any provision of the Terms is held invalid or unenforceable by a court or other binding authority, the remaining terms (or portions), conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
Force Majeure. Force majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labour disputes, riots or other civil disturbances, the voluntary or involuntary compliance with any law, regulatory order, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, links or similar communications failures. Neither party shall have any liability, other than for the payment of monies due, for failure to perform any of its contractual obligations arising out of or in connection with force majeure events.
Allowance. Whereby you have the right, in whole or in part, to assign your rights and obligations under the Terms to a third party at your own discretion.
Choice of Law and Dispute Resolution. The Terms shall be governed by and construed in accordance with Spanish law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Spanish courts in Madrid, Spain.
You can find answers to the most frequently asked questions about the Service on the website, or contact our support team at email@example.com. Most questions will be answered within 24 hours. For questions regarding these Terms, please contact us at firstname.lastname@example.org.