Terms of Service

Effective Date: 7-19-23

These Terms of Service ("Terms") govern your use of the marketing software and services provided by Podavinci LLC (referred to as "the Company," "we," "our," or "us"). By accessing or using our marketing software and services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our marketing software and services.

1.1. Eligibility: By creating an account with us, you represent that you are at least 18 years old and have the legal authority to enter into these Terms.

1.2. Account Information: You are responsible for providing accurate and up-to-date information when creating an account. You must safeguard your account credentials and promptly notify us of any unauthorized use or security breach.

1.3. Account Suspension or Termination: We reserve the right to suspend or terminate your account at our discretion, without prior notice, if we believe you have violated these Terms or engaged in any prohibited activities.

2.1. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our marketing software and services for your internal business purposes.

2.2. Prohibited Activities: 

You agree not to:

a) Use our marketing software and services for any illegal, unauthorized, or unethical purposes.

b) Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

c) Interfere with or disrupt the integrity or performance of our marketing software and services or the associated servers and networks.

d) Attempt to gain unauthorized access to our marketing software and services, user accounts, or any other systems or networks.

e) Reverse engineer, modify, or create derivative works of our marketing software and services, or attempt to derive the source code.

f) Use our marketing software and services to send spam, unsolicited messages, or any form of unauthorized advertising.

2.3. Data Ownership: You retain ownership of any data or content you upload or provide through our marketing software and services. We do not claim ownership over your data; however, we require certain rights to use and process your data as outlined in our Privacy Policy.

2.4. Third-Party Services: Our marketing software and services may integrate with or provide links to third-party services. Your use of third-party services is subject to their respective terms and policies, and we are not responsible for any actions or omissions of third-party providers.

2.5. Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our marketing software and services at any time, without liability or prior notice.

3.1. Pricing: The pricing for our marketing software and services is described on our website or other applicable documentation. We reserve the right to change our pricing and introduce new fees or charges upon reasonable notice.

3.2. Payment Terms: You agree to pay all fees and charges associated with your use of our marketing software and services. Payments are due according to the billing cycle selected at the time of purchase.

3.3. Subscription Renewal: Unless you cancel your subscription before the renewal date, your subscription will automatically renew for the same period and be billed at the then-current price.

3.4. Refunds: We may provide refunds or credits at our discretion, subject to the terms outlined in our refund policy, if applicable.

4.1. Ownership: We retain all rights, title, and interest in and to our marketing software and services, including any intellectual property rights. These Terms do not grant you any ownership or rights to our intellectual property.

4.2. Use of Marks: You may not use our company name, logos, trademarks, or other proprietary information without our prior written consent.

5.1. Confidential Information: During your use of our marketing software and services, you may have access to confidential information. You agree to keep such information confidential and not disclose or use it for any purpose other than as necessary for your authorized use of our marketing software and services.

5.2. Exceptions: The obligations of confidentiality shall not apply to information that is publicly available or becomes known to you through other lawful means.

Disclaimer of Warranties and Limitation of Liability

6.1. Disclaimer: Our marketing software and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. We do not warrant that our marketing software and services will be error-free, uninterrupted, or secure.

6.2. Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of our marketing software and services, regardless of the cause of action.

You agree to indemnify, defend, and hold harmless Podavinci LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our marketing software and services or your violation of these Terms.

These Terms shall be governed by and construed in accordance with the laws of North Carolina. Any disputes arising under or in connection with these Terms shall be resolved through arbitration in accordance with the rules of American Arbitration Association, held in Charlotte, North Carolina. The language of arbitration shall be English.

We reserve the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be reflected on our website with a revised effective date. Your continued use of our marketing software and services after the posting of any changes constitutes your acceptance of such changes.

If you have any questions or concerns regarding these Terms or our services, please contact us at support@convertpods.com.

By using our marketing software and services, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our marketing software and services.

Effective Date: 7-19-23

This Privacy Policy governs the manner in which Podavinci LLC (referred to as "the Company," "we," "our," or "us") collects, uses, maintains, and discloses information collected from users (referred to as "you" or "your") of our marketing software and services. We are committed to protecting your privacy and ensuring the security of your personal information. By using our marketing software and services, you consent to the practices described in this Privacy Policy.

We may collect personal information from you when you visit our website, register for an account, or use our marketing software and services. The types of personal information we may collect include:

1.1. Contact Information: This may include your name, email address, phone number, and mailing address.

1.2. Account Information: When you create an account with us, we collect information such as your username, password, and any other details you provide to us.

1.3. Payment Information: If you make purchases or subscribe to our services, we collect payment details, including credit card information, to process transactions securely.

1.4. Usage Information: We may collect information about how you interact with our marketing software and services, including the features you use, the campaigns you create, and other actions you take.

1.5. Communication Information: If you contact us or communicate with us through email, chat, or other means, we may collect the content of those communications and any information you provide.

We may use the information we collect from you for the following purposes:

2.1. To provide and improve our marketing software and services: We use your information to deliver and personalize the software and services you request, enhance your user experience, and improve the functionality and performance of our offerings.

2.2. To process transactions: We use the information you provide to process payments, confirm orders, and deliver products or services.

2.3. To communicate with you: We may use your contact information to send you important updates, notifications, and information related to your account and our marketing software and services.

2.4. To analyze and improve our offerings: We may use your information to analyze usage patterns, conduct research, and develop new features or enhancements for our marketing software and services.

2.5. To provide customer support: We may use your information to respond to your inquiries, provide technical assistance, and address any issues you may encounter while using our marketing software and services.

We implement appropriate security measures to safeguard your personal information from unauthorized access, alteration, disclosure, or destruction. These measures include encryption, firewalls, access controls, and regular security assessments. However, please note that no security system is impenetrable, and we cannot guarantee the absolute security of your data.

We do not sell, trade, or rent your personal information to third parties for marketing purposes. However, we may share your information with trusted third-party service providers who assist us in operating our business and providing our marketing software and services. These parties are obligated to keep your information confidential and use it solely for the purposes outlined in this Privacy Policy.

We may also disclose your information if required by law or in response to a valid legal request from law enforcement agencies or other government authorities.

Our website and marketing software may use cookies and similar tracking technologies to enhance your user experience, analyze trends, and gather demographic information. These technologies may collect information such as your IP address, browser type, operating system, and browsing behavior. You can choose to disable cookies through your browser settings; however, please note that disabling cookies may limit your access to certain features of our marketing software and services.

Our marketing software and services may integrate with third-party platforms or websites. These third-party platforms have their own privacy policies, and we are not responsible for the practices employed by them. We encourage you to review the privacy policies of those third-party platforms before providing any personal information.

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. We will securely delete or anonymize your personal information when it is no longer needed.

We reserve the right to update or modify this Privacy Policy at any time without prior notice. Any changes to this Privacy Policy will be reflected on our website with a revised effective date. We encourage you to review this Privacy Policy periodically to stay informed about our information practices.

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, please contact us at

support@convertpods.com.

By using our marketing software and services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our marketing software and services or provide us with your personal information.

Effective Date: 7-19-23

Podavinci, LLC (referred to as "the Company," "we," "our," or "us") respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act ("DMCA"). This DMCA Policy outlines our procedures for handling copyright infringement claims regarding content that is hosted on or accessible through our marketing software and services.

If you believe that your copyrighted work has been infringed upon, you may submit a notification to our designated Copyright Agent. Your notification must include the following information:

1.1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

1.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of such works.

1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to locate the material.

1.4. Information reasonably sufficient to contact you, such as your name, address, telephone number, and email address.

1.5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send your notification to our designated Copyright Agent:

Copyright Agent:

Alan Magliocca

10515 Alvarado Way

Charlotte, NC 28277

‪(803) 620-1763

support@convertpods.com

If you believe that material you posted on or through our marketing software and services was removed or access to it was disabled as a result of a mistake or misidentification, you may file a counter-notification with our Copyright Agent. Your counter-notification must include the following information:

2.1. Your physical or electronic signature.

2.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.

2.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

2.4. Your name, address, telephone number, and email address.

2.5. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if your address is outside the United States, the jurisdiction of any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

Please send your counter-notification to our designated Copyright Agent:

Copyright Agent:

Alan Magliocca

10515 Alvarado Way

Charlotte, NC 28277

‪(803) 620-1763

support@convertpods.com

We have a policy of terminating the accounts of users who are determined to be repeat infringers of others' copyrights.

While we make reasonable efforts to respond to copyright infringement notices and investigate alleged infringement, we are not responsible for assessing the validity or merits of copyright claims. Our response to notices may include removing or disabling access to the allegedly infringing material.

If you have any questions or concerns regarding this DMCA Policy or our copyright practices, please contact our Copyright Agent at the address provided above.

By using our marketing software and services, you acknowledge and agree to comply with the terms of this DMCA Policy. Failure to adhere to this policy may result in the termination of your access to our marketing software and services.