Last updated June 8, 2024
Terms of Service
By signing up with Notifion Expense or any of its subsidiaries, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein. This Agreement is between Notifion Expense (“the service provider,” “us,” “we,” or “our”) and all its subscribers and users (“the client,” “you,” “your” or “subscriber”). This Agreement and the client's use of services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).
Agreement Summary
These Terms constitute a legally binding agreement between you and Notifion and is deemed accepted by you each time that you visit the Website, or use or access any Notifion Products and Services. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Notifion Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of certain Notifion Products and Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable factories, suppliers or other Website users. If you are accepting these Terms and accessing the Website and/or using the Notifion Products and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website and/or the Notifion Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any Notifion Products and Services.
The Terms are effective as of the "Last Updated" date above. Notifion may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Notifion Products and Services after any such changes, it will mean you accepted any new or changed Terms. Notifion may terminate these Terms and your access to all or any part of the Website and/or the Notifion Products and Services at any time and for any reason without prior notice or liability and in Notifion’s sole discretion. Violation of any of the terms below will result in the termination of your Account.
Dispute resolution process
Notice of Claim
If you have any concern or dispute that Notifion Expense Support is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to email legal@notifion.com. The Notice of Claim must provide Notifion Expense with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 30 days of receipt, any resulting legal actions must be resolved through either small claims court or final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 30 days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the Claim.
No Class Actions
You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
Arbitration Rules
The arbitration will be administered in accordance with the applicable arbitration rules in California. There will be one arbitrator that you and Notifion Expense mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. In the event of a conflict between the rules of the arbitration provider and the Terms, the Terms will govern.
Arbitration Fees and Costs
Payment of all filing, administration, and arbitrator fees and costs of arbitration will be governed by the rules of the arbitration provider, except that to the extent that you bring a Claim as part of a Coordinated Action, Notifion Expense agrees that the parties will equally share all of the fees and costs of arbitration. If the arbitrator finds that the substance of a Claim or the relief sought in arbitration was frivolous, or a Claim was brought for an improper purpose, the parties may seek to re-allocate the fees and costs of arbitration according to the rules of the arbitration provider.
Exceptions to Arbitration – Small Claims and Injunctive Relief
Notwithstanding the foregoing, either party may elect to have any Claim that is subject to the jurisdiction of small claims court decided in small claims court in Santa Barbara County. Additionally, either party shall be entitled to apply for preliminary injunctive remedies in any jurisdiction, such as in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms. If a party has a dispute in which they seek to obtain both preliminary injunctive relief and other forms of relief, the party may go to court to seek preliminary injunctive relief but must arbitrate its claims or seek relief in small claims court for all other forms of relief.
Acceptance of Arbitration and Right to Opt Out.
Within the first thirty (30) days of your use of the Services and Software or the date of the last update to section 14 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) of the Terms, whichever is later, you have the right to opt out of the arbitration and class action waiver provisions by sending us written notice of your decision at the address above or via email at legal@notifion.com. If you opt out of these provisions, Notifion Expense will not be bound by them and you will have 60 days to cancel your Notifion Expense account.
Indemnification
You agree to defend, indemnify, and hold the Notifion Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website, and/or Notifion Products and Services; (iii) any User Content; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
Fee Agreement
The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (renewal periods) under the same terms of service. The Renewal Fees will be automatically debited from the client’s credit card at the beginning of each renewal period, and you agree that the service provider will not require any additional authorization for any recurring payments or automatic billing options. Services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. The service provider may suspend or terminate use of your account if you fail to comply with fee agreement.
Terminations
You are solely responsible for properly canceling your account. We do not take cancellation requests via email, over the phone or chat. All accounts must be canceled by the primary account holder through their account.
Anti-spam Policy
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as spam. We maintain a Zero-Tolerance policy against spam, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.
Please report a complaint or violation of this policy to our Abuse Desk.
Warranties
You understand that the service provider, and/or its assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its assigns and to hold the service provider and/or its assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assigns may sustain or to which the service provider and/or its assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.
WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE NOTIFION Expense, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible or liable for any lost profits or any lost data or information. While we take all reasonable precautions to ensure your database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database except through our EXPORT function.
Uptime Guarantee (SLA)
In the context of the ‘Uptime Guarantee,’ we define "Downtime" as a significant, severe failure that results in a total loss of ability to use the Subscription Service, specifically excluding Free Services. This encompasses complete system failures or crashes affecting a major part of the production environment, with no temporary fixes or solutions available.
"Excluded" refers to downtime attributable to factors beyond our reasonable control, such as natural disasters, government actions, or other major unforeseen events. It also includes issues caused by integrating or using the Subscription Service with incompatible hardware or software, disruptions stemming from external telecommunication or internet failures, misuse or damage of the Subscription Service, and periods of maintenance decided by Notifion Expense.
"Service Uptime" is calculated by subtracting both Excluded and Downtime durations from the total hours in the month, divided by the total operational hours minus Excluded time, then multiplied by 100%.
This Service Uptime Commitment is available for customers on the Enterprise account level. Only the complete months during which the customer has maintained an Enterprise account status will be considered for the Service Level Agreement (SLA) calculations.
Our goal is to achieve a Service Uptime of 99.95% for our Subscription Service each month. Availability will be measured based on our system monitoring software. If Service Uptime falls below 99.95% for two consecutive months, Enterprise account customers are entitled to a credit. This credit is based on the pro-rated fees during the downtime, in excess of the 99.95% goal, over the months where Service Uptime was below the threshold.
To claim this credit, Enterprise customers must formally request it within twenty (20) days after the end of the month in which the 99.95% Service Uptime was not achieved. This request is essential for receiving the SLA credit, which will be applied to the subsequent renewal term's invoice or charge for the Subscription. This uptime commitment does not apply to Free Services.
Privacy Policy
The service provider will not rent, sell, access or in any way use the client’s customer database information except as required to render the service, such as while delivering customer support.
Copyright
Notifion Expense reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines, or might otherwise impair our rights in the logo.
Partnership Agreements
By agreeing to receive commissions, you agree to Terms and Rules discussed herein. This Agreement is between Notifion Expense (“affiliate manager,” “us,” “we,” or “our”) and the Partner (“the referrer,” “you,” “your” or “partner”). We are independent parties and this agreement will not form any partnership. This agreement will begin upon your first accepted commission (“Effective Date”) and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
Notifion Expense Affiliate PPC Rules
Search Engines
Bidding is allowed on Google and Bing/Yahoo with a few restrictions listed herein. Bidding on Ask, Facebook, Twitter, Find What and other search engines and social media sites is permitted with no restrictions on Notifion Expense trademarked terms. Clause 3 below (Competitor Terms) in the PPC Policy must be followed on all pay-per-click search engines and advertisements.
Notifion Expense and Manufacturer Trademarks
Direct to Merchant / Landing Pages
Geo-targeting and Dayparting
Ad Copy Restrictions
Exclusions, Penalties and Notifications
Reporting Violations
Violations of the Notifion Expense PPC Policy may be reported to support@Notifion.com. Please have all applicable proof in your email, including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information and the search engine where the ad was found.
This Agreement will be governed by the laws of the United States and the state of California. Any action relating to this Agreement must be brought in the Federal or State courts located in Santa Barbara, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Partner Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
GDPR, Privacy Shield and Notifion Expense
What is GDPR?
Your other responsibilities as a Data Controller
GDPR imposes other responsibilities on Data Controllers (that’s you) including, but not limited to, sharing your privacy policy and letting people know how you’ll use their data before you collect it. Your attorney can advise you on the full scope of your responsibilities as a Data Controller.
Please note that as part of Notifion Expense’s Terms of Service, you indemnify Notifion Expense for any legal responsibility arising out of your failure to comply with GDPR.
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
If you have any questions regarding Notifion Expense’s compliance with GDPR, feel free to contact us at legal@notifion.com
Privacy Shield Policy
Despite the EU Court decision of 2020, Notifion Expense continues to comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland to the United States. Notifion Expense has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://dataprivacyframework.gov.
Authorized Use of Sub-processors - Notifion Expense uses sub-processors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an Notifion Expense user. We maintain a list of sub-processors here for your review: Amazon Web Services, Google, Pendo, UnitedLayer, FullStory, Segmetrics, Nylas, Cloudflare, Atlassian, Zendesk, OpenAI (if you use AI Assistant or Copywriter) and any payment gateway that you connect to your account. (28.2)
Data Processing Agreement and Standard Contractual Clauses
In response to the EU Court decision of 2020 which invalidated Privacy Shield as an acceptable basis for the transfer of customer data outside the EU, Notifion Expense has adopted and integrated the following Data Processing Agreement and Standard Contractual Clauses into our legal Terms of Service.
By continuing to use Notifion Expense services, both the client and Notifion Expense agree to the terms outlined in that document which can be found here.
Collection and Use of Personal Data
Notifion Expense provides various products and services to its customers, some of whom are EU citizens. Notifion Expense collects personal data from individuals when they purchase our products, fill out a form on our website, log in to their account, complete surveys, request information or otherwise communicate with us. For example, Notifion Expense customers may choose to seek live support or post to a message board.
The personal data that we collect may vary based on the customer’s interaction with our website and request for our services. Generally, Notifion Expense collects contact information, including names, email and physical addresses, phone numbers, company names and more. We also collect payment information including credit card information. Customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When Notifion Expense customers or non-customers use our services or website online, we will collect their IP address and browser type, along with contact information and any other information that the person chooses to submit through our website.
The information that we collect from customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, and other operations related to providing services and products to our customers.
Notifion Expense also serves its customers as a service provider. In our capacity as a service provider, we will receive, store, and/or process personal data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our customers in this capacity is used for managing transactions, reporting, invoicing, renewals, and other operations related to providing services to our customers.
Notifion Expense uses the personal data that we collect from our customers for the following business purposes, without limitation:
Notifion Expense does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt out.
Disclosures and Onward Transfer of Personal Data
Notifion Expense discloses personal data only to third parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Notifion Expense may provide personal data to third parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Notifion Expense may store such personal data in the facilities operated by third parties, such as those mentioned in the GDPR section above this Policy. Such third parties must agree to use such personal data only for the purposes for which they have been engaged by Notifion Expense and they must either:
Notifion Expense may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Notifion Expense is liable for appropriate onward transfers of personal data to third parties.
Notifion Expense does not collect Sensitive Data from its customers.
In the case of an onward transfer of your data, Notifion Expense bears responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Notifion Expense shall remain liable under the Principles if our agent processes such personal information in a manner inconsistent with the Principles, unless we prove that it we are not responsible for the event giving rise to the damage.
Data Integrity and Security
Notifion Expense uses reasonable efforts to maintain the accuracy and integrity of personal data and to update it as appropriate. Notifion Expense has implemented physical and technical safeguards to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored personal data is stored on a secure network with firewall protection, and access to Notifion Expense's electronic information systems requires user authentication via password or similar means. Notifion Expense also employs access restrictions, limiting the scope of employees who have access to personal data.
Further, Notifion Expense uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
Notifion Expense personnel may access and use personal data only if they are authorized to do so and only for the purpose for which they are authorized.
Right to Access, Change, or Delete Personal Data
Privacy Shield Policy
This policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will notify our customers if we make changes that materially affect the way we handle personal data previously collected, and we will allow them to choose whether their personal data may be used in any materially different manner.
Questions, Complaints, Dispute Resolution
In compliance with the Privacy Shield Principles, Notifion Expense commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Notifion Expense at: legal@notifion.com.
Notifion Expense has further committed to refer unresolved Privacy Shield complaints to the EU data protection authorities, an alternative dispute resolution provider located in the EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit this link to find contact information for your local Data Protection Authority or contact the Swiss Federal Data Protection and Information Commissioner for more information or to file a complaint. The services of these EU DPAs and the Swiss Commissioner are provided at no cost to you.
Notifion Expense commits to cooperate with the panel established by the EU data protection authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner and to comply with the advice given by the panel and/or Commissioner with regard to human resources data transferred from the EU or Switzerland.
The Federal Trade Commission has jurisdiction over Notifion Expense’s compliance with the Privacy Shield.
Arbitration
As a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with the organization and afford the organization an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.
In addition, this option may not be invoked if an EU Data Protection Authority or the Swiss Commissioner (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization.
Sandbox Accounts
Notifion Expense Sandbox accounts are a complimentary service. However, charges will incur if usage from SMS or other messaging services are generated during testing.
Sandbox accounts may not be used for marketing, processing genuine customer data, processing real ecommerce transactions or running partner or affiliate programs.
Nonprofit Accounts
To be approved for an Notifion Expense Nonprofit Account, you must have proof of your 501(c)(3) status. If approved, the nonprofit discount will be 50% off your first year, then 20% off thereafter for the lifetime of your account, as long as your 501(c)(3) status is intact.
Notifion or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the Notifion Products and Services (collectively, "Brand Content"). All Brand Content is the property of Notifion or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website and/or the Notifion Products and Services is the exclusive property of Notifion and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any Notifion Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.