These terms apply if you reside in the European Economic Area (EEA), Switzerland, or UK. If you live outside of the EEA, Switzerland, or UK, these Terms of Service apply to you.
These Terms and Conditions (“Terms”) apply to your use of Campaigns services for individuals, along with any associated software applications, technology and websites (“Services”), including personal, non-commercial use of our Services by consumers. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services.
Campaigns is a platform that empowers websites with dynamic notifications and FOMO popups. Developed by Launch as part of the Launch Suite, our mission is to provide accessible and effective tools for enhancing website engagement and conversion rates. We are committed to democratizing the use of digital marketing technologies, ensuring that businesses of all sizes can leverage the power of Campaigns to achieve their goals.For more information about Launch, please visit https://launch.bz. Our Services are provided to you by:
LAUNCH.BZ Ltd, a company incorporated in the United Kingdom with its registered office at Whitley Road, Dewsbury, WF12 0LR and company number 14594416.
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these terms regularly prior to using Campaigns to ensure you’re aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use Campaigns then we will regard that conclusive evidence of your agreement and acceptance that these terms govern.
It is an essential pre-condition to you using Campaigns that you agree and accept that Campaigns and Launch are not legally responsible for any loss or damage you might suffer related to your use of the service, whether from errors or from omissions in our document or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, or advertisement. Your use of, or reliance on, any information or materials on Campaigns is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through Campaigns meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Depending on the specific Service or features you use, additional Service-specific terms and policies may apply to your use of our Services. The key ones to be aware of, and which form part of these Terms, are described below:
Service Terms: these terms apply when you use certain Services or features.
Minimum Age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services and ask them to read these Terms with you.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
What You Cannot Do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences that we’ve made available to you.
Third Party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
Our Use of Content. We can use your Content worldwide to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies and keep our Services safe.
We and our affiliates own all rights, title, and interest in and to the Services. You may not use our name and logo.
Paid Subscriptions. Campaigns allows you to purchase paid plans to benefit from enhanced features and functionalities (the “Benefits”). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings.
Fees: All charges, including subscription fees, will be made clear to you before purchase.
Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cooling Off Period. You are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel and request a refund please Open a Support Ticket.
Cancellation. Following the Cooling Off Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after you cancel your paid subscription. You will continue to have access to the Benefits until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Your Rights. You can stop using our Services and end your relationship with Launch at any time by simply Deleting Your Account and stopping your use of the Services.
EEA Consumer Withdrawal Right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by Opening a Support Ticket.
Campaigns Rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Launch or anyone else, or we are legally prohibited from doing so.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by Opening a Support Ticket.
How We Provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time.
Liability. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is:
We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
Statutory Rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.
EEA Consumer Guarantee. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please Open a Support Ticket.
Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can Open a Support Ticket.
Liability. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is:
Court. If we cannot resolve our dispute, you or we can go to your local courts.
EEA Consumer Alternative Dispute Resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.
If you believe that your intellectual property rights have been infringed, please Open a Support Ticket. We may delete or disable Content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Launch and stop using our Services at any time.
Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services.
Delay in Enforcing These Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.
Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.
Governing Law. The law of the jurisdiction where you are a resident will govern these Terms.
Commercial and Business Use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms, this Addendum shall take precedence.
Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED POUNDS STERLING (£100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
CAMPAIGNS' AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Governing Law (Business Use). California law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.