Terms of Service
Welcome to PodConverge!
These Terms of Service ("Terms") govern your use of our website, platform, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By registering for, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you disagree with these Terms, you may not use our Services.
2. Services Description
PodConverge provides a platform that centralizes products from leading print-on-demand providers, allowing users to compare and select products, manage orders, and optimize their e-commerce operations.
3. User Accounts
3.1 Registration
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Plans and Payment
4.1 Professional Plan
The Professional Plan is free and provides access to basic features of our Services.
4.2 Scale Up Plan
The Scale Up Plan is a paid subscription that offers additional features and benefits. Pricing and specific details of the Scale Up Plan are available on our website.
4.3 Payment Terms
By selecting the Scale Up Plan, you agree to pay the applicable subscription fees. All fees are non-refundable except as provided in these Terms or as required by law.
5. Use of the Services
5.1 License
Subject to your compliance with these Terms, PodConverge grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal and commercial use.
5.2 Prohibited Activities
You agree not to use the Services for any illegal or unauthorized purpose, or in a manner that violates any laws or regulations, or these Terms.
6. Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, and software, are the exclusive property of PodConverge and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7. Termination
PodConverge reserves the right to suspend or terminate your account and access to the Services at any time, for any reason, including for violations of these Terms. Upon termination, your right to use the Services will immediately cease.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
The Services are provided on an "as-is" and "as available" basis. PodConverge makes no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Liability
To the maximum extent permitted by law, PodConverge shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
9. Indemnification
You agree to indemnify, defend, and hold harmless PodConverge and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively through binding arbitration in Ontario, Canada, as described in our Arbitration Agreement.
11. Changes to Terms
PodConverge reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Contact Information
If you have any questions about these Terms, please contact us at hello@podconverge.com.
© 1000880792 ONTARIO INC. All rights reserved.
Website: www.podconverge.com
Privacy Policy
Thank you for using PodConverge (or as we are legally known, 1000880792 ONTARIO INC.). Before using or accessing our platform, please read this Privacy Policy carefully, it explains how we protect your data and respect your privacy.
A. Yours and our responsibilities
Summary: This policy applies to all registered PodConverge users and also visitors of our platform. When handling the data of end-customers of PodConverge users, we act as a “data processor” and PodConverge merchants are responsible for ensuring their data is protected and handled in accordance with all applicable laws.
Who does this policy apply to?
If you are a PodConverge customer or subscriber, or just visiting our website, this policy applies to you. For your customers who are just making a purchase of your goods through PodConverge, but are not registered users, we act as the “data processor” for you, the merchant: this means we only process their data to help us provide our service to you, or in accordance with your instructions, or as required by law. You are responsible for making sure that their personal data is treated in accordance with applicable data protection laws. That includes informing them how service providers (like us) collect and use data on your behalf.
Our responsibilities
If you are a registered PodConverge customer or a visitor to our website, we act as the “data controller” of personal data. This means we determine how and why your data are processed.
Your responsibilities
Read this Privacy Policy. If you provide us with personal information about other people (i.e., if you are registering on behalf of someone else, or you are transmitting data from your customers), or if others give us your information, we will only use that information for the specific reason for which it was provided to us. By submitting the information, you confirm that you have the right to authorize us to process it on your behalf in accordance with this Privacy Policy.
B. When does PodConverge collect your data?
Summary: PodConverge collects your data in all of our interactions from the moment you visit our website. Some data is collected automatically, and some data is only collected with your consent.
With your consent, we collect your data when:
• You register for an account.
• You upload content to PodConverge using our Product Designer tool.
• You integrate PodConverge through APIs (Ours, 3rd party storefronts, website builders, etc.…).
• You publish products to 3rd party sales channels.
• We email each other.
• You contact our support and/or success team (we may also collect call audio, which we will disclose on the call).
• When you connect with us on social media.
• You request a demo of PodConverge.
• You participate in a user research study.
• ou opt-in to marketing messages.
• Enter a sweepstakes or contest, or register for a promotion.
• Participate in our user referral program.
Automatically, we collect your data when:
• You browse any part of our website.
• You use PodConverge to create products.
• You read our help section.
• You order products from PodConverge.
C. Categories of data collected
Summary: PodConverge collects different kinds of data, and we process that data for different purposes.
Contact details and basic information
• Your name, address, telephone number, email address…
Financial information
• Your PayPal account email, credit/debit card details…
Data from your content and products
• The products you have designed, the artwork you have uploaded…
Contractual Data
• The sales you have made, your customers’ data, store name, order details…
Data that identifies you
• Your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version…
Data on how you use PodConverge
• Your URL clickstreams (the path you take through our site), products/services viewed, page response times, download errors, how long you stay on our pages, what you do on those pages, how often, and other actions…
What about really sensitive data?
• We don’t collect any “sensitive data” about you (like racial or ethnic origin, political opinions, religious/philosophical beliefs, trade union membership, genetic data, biometric data, health data, data about your sexual life or orientation, and offenses or alleged offenses).
What about children’s data?
• PodConverge is a business-to-business service directed to and intended for use only by those who are 18 years of age or over. We do not target PodConverge at children, and we do not knowingly collect any personal data from any person under 16 years of age.
D. How and why we use your data
Summary: According to Data Protection Law, we can only process your data for specific purposes and only when we have a legal basis to do so. The reasons are outlined below.
Keeping PodConverge running
Managing your requests (like creating products, integrating sales channels, completing transactions and fulfilling orders), login and authentication, remembering your settings, processing payments, hosting and back-end infrastructure.
Legal basis for processing data: contract, legitimate interests
Improving PodConverge
Testing features, interacting with feedback platforms and questionnaires, managing landing pages, heat mapping our site, traffic optimization, and data analysis and research, including profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.
Legal basis for processing data: contract, legitimate interests
Customer support
Notifying you of any changes to our service, solving issues via live chat support, phone, or email including any bug fixing.
Legal basis for processing data: contract
Marketing purposes (with your consent)
Sending you emails and messages about new features, products, and services, and content.
Legal basis for processing data: consent
E. Disclosures of your data
Summary: Sometimes, we might need to share your data with others. Here’s when and why.
Third-party service providers
We share your data with third parties who help us provide our services to you, like payment processors, hosting providers, customer support platforms, analytics providers, marketing platforms, and other software tools that help us operate PodConverge.
Legal and compliance reasons
We may share your data when required to comply with legal obligations, respond to legal actions, enforce our agreements, protect our rights, property, or safety, or the rights, property, or safety of others.
Business transfers
If PodConverge is involved in a merger, acquisition, asset sale, bankruptcy, or other transaction, your data may be transferred as part of that transaction.
With your consent
We may share your data with third parties if we have your consent to do so.
F. International data transfers
Summary: Your data may be transferred and processed in countries outside the European Economic Area (EEA) and other regions with different data protection laws. Here’s how we handle that.
Where we transfer data
We may transfer your data to countries outside the EEA and other regions with different data protection laws, including the United States, India, and other countries where our third-party service providers are located.
Protecting your data
When we transfer your data outside the EEA and other regions with different data protection laws, we take steps to ensure your data is adequately protected, such as using standard contractual clauses approved by the European Commission or other safeguards.
G. Your data rights
Summary: You have rights regarding your data. Here’s what they are and how you can exercise them.
Access to your data
You have the right to access and receive a copy of the personal data we hold about you. You can request this information by contacting us at hello@podconverge.com.
Correction of your data
If you believe the data we hold about you is inaccurate or incomplete, you have the right to ask us to correct or update it.
Deletion of your data
You have the right to request the deletion of your personal data, subject to certain exceptions like legal obligations or legitimate interests.
Restriction of processing
In certain circumstances, you can request that we restrict the processing of your personal data, such as when you contest the accuracy of the data or when the processing is unlawful.
Data portability
You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to another data controller, where technically feasible.
Withdrawal of consent
If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. However, withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
Complaints
If you have concerns about our handling of your personal data, you have the right to lodge a complaint with a data protection authority.
H. Security measures
Summary: We take data security seriously. Here are the measures we have in place to protect your data.
Encryption
We use industry-standard encryption protocols to protect data transmission and storage, ensuring that your data is secure.
Access control
Access to your personal data is restricted to authorized personnel only, and we implement strict access controls to prevent unauthorized access or disclosure.
Data integrity
We maintain the integrity of your data through measures such as regular data backups, data validation processes, and system redundancy.
Security audits
We conduct regular security audits and assessments to identify and mitigate potential vulnerabilities in our systems and processes.
Employee training
Our employees undergo training on data protection and security practices to ensure they understand their responsibilities and follow best practices.
Incident response
In the event of a data breach or security incident, we have protocols in place to promptly respond, investigate, and mitigate any impact on your data.
I. Data retention
Summary: We retain your data only for as long as necessary for the purposes outlined in this Privacy Policy and as required by law.
Data storage duration
We store your personal data for as long as it is necessary to provide you with our services and fulfill the purposes outlined in this Privacy Policy.
Data retention criteria
We adhere to specific criteria for determining the retention period of your data, including the nature of the data, legal obligations, business needs, and user preferences.
Data deletion
Upon expiry of the retention period, or upon your request, we will securely delete or anonymize your personal data to prevent unauthorized access or use.
Exceptions
Certain data may be retained for longer periods if required by law, to resolve disputes, enforce our legal agreements, or protect our rights and interests.
J. Data Security
Summary: We take extensive measures to ensure the security of your data, including physical, electronic, and managerial safeguards, to protect against unauthorized access, disclosure, alteration, or destruction.
Our Security Measures
We employ physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Access to our infrastructure is strictly controlled and limited to authorized personnel only.
Our infrastructure complies with strict international standards for data security.
We conduct regular third-party audits to ensure the latest technologies and best practices are implemented.
All employees are trained in data security and bound by strict confidentiality provisions.
Document Security
All documents and information are version-controlled to maintain a permanent trail.
We use industry-standard tools and services to monitor and protect our infrastructure and data.
Your Responsibilities
You are responsible for the security of your account credentials and should keep them confidential and secure.
If you suspect unauthorized access or a breach of your data, contact us immediately to take appropriate action.
Data Transmission Risks
While we implement robust security measures, no data transmission over the internet is entirely secure.
You provide personal data at your own risk, and we cannot guarantee 100% security.
Contact Us
For more information on our data security practices or to report any security concerns, please contact us at privacy@podconverge.com.
K. Data Storage
Summary: We store and process your data in our offices in San Francisco and Riga, as well as in data processing facilities operated by third parties. By submitting your data, you agree to this transfer, storage, or processing.
Data Processing Locations
We process and store data at our offices in San Francisco and Riga, as well as in data processing facilities operated by third parties.
Your data may be transferred outside the European Economic Area (EEA) for processing, storage, or other purposes.
We take steps to ensure your privacy rights are protected as outlined in this Privacy Policy during any such transfers.
Your Agreement
By submitting your personal data, you agree to the transfer, storage, or processing of your data as described in this Privacy Policy.
Contact Us
If you have questions or concerns about data storage and processing, please contact us at privacy@podconverge.com.
L. Data Retention
Summary: We retain your personal data for specific periods as outlined below. You have the right to request access to your information and request its deletion as per our data retention policies.
Data Retention Period
We archive and stop actively using identifiable personal information about you within 6 months from the last time you used PodConverge.
We delete personal data from our archives no later than 6 years from the last time you used PodConverge or upon your request.
Your Rights
You have the right to access information we hold about you, including data categories, processing purposes, third-party disclosures, data storage duration, and other privacy rights.
California residents can request information about our disclosure of personal information to third parties for direct marketing purposes under California Civil Code Section § 1798.83.
Requesting Changes
You can request corrections to inaccurate personal data or request us to delete your data.
You can object to us using your data for profiling or making automated decisions.
You have the right to port your data to another service or request to be forgotten from our records.
Complaints
If you have concerns about your data or privacy, please contact us at hello@podconverge.com. EU residents can also address complaints to relevant data protection authorities.
M. Third-party Data Processing
Summary: We partner with various third parties globally to operate PodConverge effectively. This section outlines our main third-party service providers, the data shared with them, and where to find more information about their privacy policies.
Third-party Services
Infrastructure:
Microsoft Corporation: Data categories include contact details, contractual data, and data that identifies you. More information can be found in Microsoft's Privacy Policy.
Google Analytics: Data includes how you use PodConverge, data that identifies you, and cookies. Refer to Google's Privacy Policy for details.
Google Adwords: Data includes data that identifies you and cookies. Check Google's Privacy Policy for more details.
Communications and Research:
Zendesk, Inc.: Data includes contact details, how you use PodConverge, data from your content and products, contractual data, and data that identifies you. Learn more in Zendesk's Privacy Policy.
Typeform S.L.: Data includes contact details, how you use PodConverge, data that identifies you, contractual data, and data from your content and products. Refer to Typeform's Privacy Policy for details.
Payments:
Stripe, Inc.: Data includes contact details, financial information, and cookies. Review Stripe's Privacy Policy for more information.
Paypal, Inc.: Data includes contact details, financial information, and cookies. Check Paypal's Privacy Policy for details.
Our Print Partners:
Various print providers: Data includes contact details, contractual data, and data from your content and products. Visit the respective print providers' websites for their privacy policies.
Data Sharing
We share data with third parties only when necessary for delivering services and with appropriate safeguards.
Your data is shared according to the practices outlined in this Privacy Policy.
N. Cookies
Summary: We use cookies on PodConverge. This section explains what cookies are, how you can block them, and provides details about specific cookies we use.
What are cookies?
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used to make websites work more efficiently and to provide information to the website owners.
How can I block cookies?
You can block cookies by activating a setting on your browser that allows you to refuse the setting of cookies. You can also delete cookies through your browser settings. However, please note that blocking or deleting cookies may affect your experience on PodConverge.
Specific cookies we use
Google, Inc.: Google Analytics uses cookies to track how you use PodConverge and provide us with statistical reports. You can opt out of being tracked by Google Analytics across all websites.
Zendesk, Inc.: Zendesk uses cookies to recognize visitors and users who interact with PodConverge. You may refuse the transmission of your information by opting out.
Mixpanel, Inc.: Mixpanel uses cookies to analyze user activity on PodConverge and provide us with reports. You can opt out of being tracked by Mixpanel across all websites.
Hotjar, Inc.: Hotjar uses cookies to track user activity on PodConverge and provide us with reports. You can opt out of being tracked by Hotjar across all websites.
Facebook, Inc.: Facebook uses cookies to track user activity and offer personalized experiences. You can opt out of being tracked by Facebook.
Managing Cookies
You can manage your cookie preferences by adjusting your browser settings to allow or block cookies. However, please note that certain features of PodConverge may not function properly if cookies are disabled.
O. What if we change this Policy?
Summary: This section explains our right to make changes to the Privacy Policy and how we will notify you of any material changes.
Changes to the Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time. These changes may be made to reflect changes in the law, our data collection and use practices, the features of PodConverge, or advances in technology.
Notification of Changes
If we make any material changes to this Privacy Policy, we will notify you via the email address provided during registration. Additionally, we will post a notice on the PodConverge website and update the Privacy Policy accordingly.
Reviewing Changes
Please check this Privacy Policy page periodically for any changes. Your continued use of PodConverge following the posting of changes indicates your consent to and acceptance of those changes. If you do not consent to the changes, you should discontinue using PodConverge.
Contact Us
If you have any questions about this Privacy Policy, your rights, or our privacy practices, please contact us at hello@podconverge.com.