Terms & Conditions

These General Terms and Conditions govern the rights and obligations of "Onvocado" Ltd., UIC 206902340, with its registered office and address in Bulgaria, Sofia, "Oborishte" Str. No. 36 (hereinafter referred to as "ONVOCADO") and its clients registered on its website (hereinafter referred to as "USERS") and apply when using the services provided by "Onvocado" Ltd. and its website (onvocado.com and all its subdomains) (hereinafter referred to as the "PLATFORM"). 

The use of the platform and the services offered by ONVOCADO can only be done by adults who have reached the age of 18 and after accepting these general terms and conditions and the privacy policy published on the website www.onvocado.com. 

By visiting the PLATFORM and accessing any of the services offered by ONVOCADO through it, the USER accepts these general terms and conditions and declares that if they are an individual, they are of legal age under the laws of their country. 

The USER is obliged to use the PLATFORM and the services provided by ONVOCADO in good faith, in accordance with these General Terms and Conditions, adhering to applicable laws and without damaging the good name of ONVOCADO through their actions and/or inactions. 

The platform is owned, managed, and controlled by ONVOCADO and from its facilities in Bulgaria. Any person who accesses or uses the platform and services from other territories and jurisdictions does so at their own risk and is responsible for complying with local laws and regulations. These general terms and conditions are created and will be interpreted in accordance with the laws of Bulgaria in the event of any claims, judicial or extrajudicial disputes, and proceedings.

Through the platform and services, ONVOCADO provides the USER with the ability to create graphic pop-up windows (widgets) containing exclusively content created by the USER, for the purpose of gathering information and/or providing information to users/clients of the USER's website(s) (hereinafter referred to as "END USERS"). To use the platform and ONVOCADO's services, the USER registers on the website app.onvocado.com. Registration is done by creating an account in one of the following two ways: a/ by filling out a registration form or b/ by providing information contained in their Google account/profile. 

The USER is obliged to provide accurate and truthful information during registration and to notify ONVOCADO within a maximum of 7 (seven) days in case of changes to the data required for their account registration. ONVOCADO has the right to conduct security checks regarding all information provided by the USER for the platform registration and use of the services, and if during such checks it is found that the information violates or may violate these General Terms and Conditions or the Privacy Policy, ONVOCADO may take any action it deems appropriate, including terminating the USER's registration/account without owing any compensation or refunding any paid fees. 

ONVOCADO is not responsible for any damages suffered by the USER due to incorrect, incomplete, or outdated information necessary for registration and has the right to compensation from the USER for any damages caused by such information. Based on the provided information and after entering a password, which is strictly confidential and owned solely by the USER, who is responsible for maintaining its security, and ONVOCADO is not responsible for damages caused by breach of the account's security and password, an account is created which the USER has the right to manage in the platform's interface. 

Creating an account has the legal effect of a concluded transaction between ONVOCADO and the USER, giving the USER the right to use the platform and the services offered by ONVOCADO.

ONVOCADO provides the USER with an indefinite free subscription for access and use of the platform and the basic services of ONVOCADO, with the application of the following limitations, which can be found at www.onvocado.com/pricing. 

Access to and use of additional functionalities and specifications of the platform and ONVOCADO's services is charged on a subscription basis, based on the subscription plan chosen by the USER, with conditions detailed in the "Features and Prices" section at www.onvocado.com/pricing. 

ONVOCADO has the right to change the tariff or introduce new fees at any time. Paid subscription fees up to the date of the change cannot be altered until the expiration of their term. Subscription fees due to ONVOCADO must be paid by the USER in advance through the Stripe payment platform. In case of non-payment of the fee, ONVOCADO does not provide the USER access to and the possibility to use additional functionalities and specifications of the platform and ONVOCADO's services. 

The subscription fee is due by the USER regardless of whether they use the platform and ONVOCADO's services. 

The paid subscription can be terminated by the USER at any time at support@onvocado.com. In case of termination of the paid subscription, ONVOCADO does not owe a refund of the fees paid by the USER to date.

The platform and services provide the USER the ability to publish content that the USER provides to onvocado.com and which may be hosted, shared, and/or published as part of the platform and/or service and may be visible to the public.

The USER is obliged to use the platform, ONVOCADO's services, and to provide/publish content in accordance with applicable legislation, respecting all intellectual property rights or other third-party rights, including but not limited to trademark rights, copyrights, etc., and maintaining the good name of ONVOCADO.

The USER has the right to create and publish, through the platform and services, only content that does not infringe intellectual property rights or other third-party rights; does not contain viruses or any other computer code, files, or programs capable of interrupting, destroying, or limiting the functionality of any software, hardware, or telecommunications equipment; does not engage in "spamming", "chain letters", "pyramid schemes", advertisement of illegal or products and services that require special licensing without having such, or other advertising or marketing activities that violate these General Terms and Conditions, the Privacy Policy, applicable legislation, and/or customary commercial practices and good morals; is not misleading, fraudulent, or illegal or promotes illegal activities, including participation in "phishing" activities or otherwise obtaining financial or other personal data in a deceptive manner or for fraudulent or misleading purposes; is not defamatory or offensive, or otherwise threatening, violent, harassing, malicious, or harmful to any physical or legal entity or violates the right to privacy and personal integrity of a third party; is not harmful to minors in any way; is not hateful or discriminatory based on race, color, gender, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise subject to reasonably determined by ONVOCADO restrictions; does not impersonate an ONVOCADO employee or another person other than the USER; does not interfere with the proper functioning of the platform or its use and does not disrupt the normal flow of dialogue with an excessive number of messages (flood attack) on the platform and does not negatively affect the ability of others to use the platform; does not use any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the platform or the content contained therein; does not facilitate the illegal distribution of copyrighted or other intellectual property content; does not include personal or identifying information about a third party in a way that uses misleading email addresses or IP addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of the content transmitted through the platform to the end-users; does not constitute and does not contain any form of advertising or solicitation to end-users who have opted out of being contacted for other services, products, or commercial interests; does not monitor or otherwise harass someone on the platform; does not collect, use, or disclose data, including personal information, about end-users without their informed consent or for illegal purposes or in violation of applicable laws or regulations, in particular, but not limited to data protection regulations; does not request, solicit, or otherwise obtain access to usernames, passwords, or other authentication credentials from any user of the platform for the purpose of automating logins to it; does not attempt to gain unauthorized access to the platform's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the platform; does not undermine feedback or rating systems (such as displaying, importing, or exporting feedback information from the platform or using it for purposes unrelated to those of the platform); is not adult-only content unless the publication of such adult content is allowed by the USER's special rules, expressly accepted by end-users; does not decompile or reverse engineer or attempt to gain access to the source code of the software underlying the platform or any other ONVOCADO technology; does not copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate all or part of the platform; does not use the platform to build a product using similar ideas, features, functionalities, interfaces, or graphics as those published on the platform; does not use the platform to upload any content or computer code for the purpose of: compromising the platform's security; interfering with the proper functioning, functionality, or performance of the platform; or hindering access or use of the platform by third parties.

ONVOCADO is not responsible for any content and/or data provided by the USER, end-users, or third parties. The responsibility for the content and/or user, including end-user, data and the consequences of providing and/or publishing it on the platform lies with the USER, who agrees by accepting these General Terms and Conditions that ONVOCADO acts only as a passive intermediary for providing the content and/or user data. ONVOCADO is not responsible for compensating for any damages caused to the USER or third parties by the provided and published content and/or user data. ONVOCADO has the right to refuse to publish content and/or user data or to remove or edit (in whole or in part) content and/or user data at any time if they violate these General Terms and Conditions.

The USER explicitly agrees and accepts that the platform and ONVOCADO's services may contain and display publicly content provided by third parties, which is not owned by ONVOCADO. This content is the responsibility solely of the person providing the content to the platform. The USER is responsible for their content and ensuring that they have all the rights and permissions necessary to use it in connection with the platform and ONVOCADO's services. ONVOCADO is not responsible for any actions the USER takes regarding their content, including sharing it publicly. The USER declares and warrants that they will not use content when using the platform and ONVOCADO's services unless they have received prior permission from the owner or are authorized by law to do so.

The USER declares and warrants that they own all rights to the content uploaded to the platform and accessible through ONVOCADO's services, including information, data, text, software, music, sound, photographs, graphics, video, messages, labels, or any other materials submitted or made available for inclusion in or through the platform and services. The USER also declares and warrants that they own all rights to the content created by the end-users of their websites, including responses, data, and comments, as well as any analysis of the responses. The USER confirms that any provision/import of personal contact data they make on the ONVOCADO platform meets the following conditions: the end-users/contacts have explicitly given their permission to send email campaigns within the last two years or have been asked about this within the last two years; the end-users/contacts have not been copied and/or borrowed from a third party; the end-users/contacts have not been bought and/or rented. ONVOCADO has the right to suspend or cancel at any time any campaign sent to end-users/contacts who do not meet the conditions in the previous sentence.

In all cases where the USER publishes content that they provide to the website app.onvocado.com and which may be hosted, shared, and/or published as part of the platform and/or ONVOCADO's services and may be publicly visible, the USER acts as a CONTROLLER within the meaning of Article 4, paragraph 7 of Regulation (EU) 2016/679 (GDPR), determining the purposes and means of collecting and processing any personal data that may be contained in the content provided by them, as well as the processor of personal data. As a CONTROLLER and PROCESSOR of personal data included in the content provided by them, the USER bears full responsibility for complying with applicable data protection laws contained in the content provided by them. In particular, the USER is obliged to assess the lawfulness of the processing of personal data provided by them and stored on the platform.

The USER agrees, declares, and warrants that they will ensure compliance with applicable data protection legislation at all times and, in particular, that they will ensure and guarantee that any disclosure of personal data made by them to ONVOCADO is carried out with the consent of the data subject or on another lawful basis. The control over the collection and processing of personal data remains with the USER, and between them and ONVOCADO, as the processor acting on behalf of the USER. The USER will always remain the Controller of the personal data contained in the content provided by them for the purposes of and/or through ONVOCADO's platform and services. The USER bears full responsibility for complying with their obligations as a Data Controller under applicable data protection legislation, in particular for justifying any disclosure and transmission of Personal Data to ONVOCADO (including providing necessary notifications and obtaining necessary consents) and for their decisions regarding the processing and use of the data.

In cases where the USER publishes content through the platform, and solely for the purposes of providing the service, the USER grants "Onvocado" Ltd. a non-exclusive, free, worldwide, and sublicensable right and license to use, distribute, reproduce, modify, adapt, publish, translate, perform, and publicly display their project ONVOCADO (in whole or in part) in any format or media, now known or developed later. The USER also grants "Onvocado" Ltd. a non-exclusive, free, worldwide right and license to collect anonymous insights from project data. Regardless of the rights granted, the USER's content will not be given or sold to a third party by ONVOCADO and will not be made public without their permission.

ONVOCADO does not pre-check content provided by the USER or third parties, including end-users, projects, forms, or other data provided through the platform and services. The USER declares that they are solely responsible for the content of all their projects ONVOCADO, uploaded content, and provided data and content from end-users.

ONVOCADO has the right at any time to remove or refuse to distribute content or data provided by the USER or end-users, as well as the right to access, view, store, and disclose any information it deems necessary to comply with applicable laws and enforce these General Terms and Conditions, including investigating potential violations, detecting or preventing fraud, or other security and technical issues, responding to user support requests, or protecting the rights, property, or safety of ONVOCADO, its users, and the public.

5.1. RIGHTS AND OBLIGATIONS OF THE USER 

The USER is obliged to comply with these General Terms and Conditions and applicable legislation. The USER is fully responsible for all data and content provided or published when using the platform and services, as well as for the content and legality of surveys, product descriptions, titles, basic information, notifications, and other product descriptions and titles generated through the platform or ONVOCADO's services.

The USER agrees not to publish content that is illegal or contradicts these General Terms and Conditions.

The USER is responsible for the content recorded by them or on their behalf and must obtain the appropriate permissions and consents necessary for the lawful use of the content. The USER must provide ONVOCADO with all data necessary for the use of the platform and services.

The USER has the right to use ONVOCADO's software using the platform and services. The USER has the right and is obliged to fill the pop-up window only with content in accordance with these General Terms and Conditions.

In all cases, the USER is responsible for the content, recording, and management of products in the pop-up window. ONVOCADO does not participate in the sales process of the USER's goods or services, and these General Terms and Conditions do not create any contractual or other commercial relationship or partnership for sales between the USER and ONVOCADO. Only the USER is responsible to their Clients – the end-users.

Only the USER is responsible for fulfilling all legal obligations related to the setup and operation of their own website and the pop-up and other services used, as well as for the content in them, for keeping it up-to-date, and for any changes to it. If the USER does not provide updated information or does not respond to ONVOCADO's questions or requests, ONVOCADO has the right to suspend the publicly accessible part of the service until the USER provides the necessary information.

The USER agrees that ONVOCADO may publicly refer to them as a client, for which ONVOCADO is granted a non-exclusive right to display the name, trademarks, and trade names of the USER in connection with the use of the service and solely in the following manner: on ONVOCADO's own website; in print and online advertising, directories, newsletters, and updates promoting ONVOCADO's services; and in applications that are reasonably necessary and additional to the above.

5.2. RIGHTS AND OBLIGATIONS OF ONVOCADO

ONVOCADO grants the USER a non-exclusive right to use ONVOCADO's software, including the special functionalities for which the USER pays the subscription if applicable. The USER does not acquire any rights to ONVOCADO's intellectual property, software, platform, and services, except the right to use them.

ONVOCADO provides the platform and services as they are ("as is") without any warranty, express or implied, particularly without guaranteeing that the service will meet any specific requirements. The responsibility for all risks arising from the use of the platform and services and their application lies solely and entirely with the USER. The USER is responsible for configuring the content and visual elements of their website while using ONVOCADO's platform and services, as well as for their compliance with applicable laws, rules, and regulations for the protection of end-users.

ONVOCADO is not responsible for the legal consequences, including compensating for damages, arising from the provision and publication of content and/or user data that do not comply with applicable laws and regulations and these General Terms and Conditions. Under no circumstances is ONVOCADO responsible for any damages arising from the use of the platform and/or services or for any non-performance during use. ONVOCADO is not responsible for the content, products, or services of the USER created and/or published through the platform and services, as well as for relationships arising from the USER's relationships with end-users. To the extent permitted by law, ONVOCADO excludes any additional warranties and liabilities, including the obligation to pay compensation exceeding the paid subscription fee, and liability for consequential damages. ONVOCADO employees have the right to access the USER's account for maintenance purposes. ONVOCADO does not create or edit content and is not authorized to change it unless explicitly allowed by the General Terms and Conditions. ONVOCADO's responsibility is limited to displaying pop-up windows.

The responsibility for the content published in the pop-up window lies entirely with the USER. ONVOCADO has no obligation to check the content before its publication on the platform and/or the USER's website. ONVOCADO has the right to check the content at any time after its display or otherwise to check the use of the service in accordance with these General Terms and Conditions. ONVOCADO is not responsible for and does not enter into any relationship or contact with end-users for whom the USER displays content using the platform and service. ONVOCADO is not responsible for the content displayed in any pop-up messages or other contact information and for any products or services purchased or ordered from the USER by their end-users. In case of non-compliance by the USER with these General Terms and Conditions, ONVOCADO reserves the right at any time, unilaterally, without notice, and without owing any compensation or refund of paid fees, to immediately suspend or terminate/close the USER's account(s), their access to the platform and services, and delete the content displayed on the platform. The termination of the USER's account, due to the expiration of the subscription term or due to non-compliance, leads to the suspension of all content of the pop-up windows and information generated by ONVOCADO through the provided services to the users/clients of the USER's website(s).

The entire website, including but not limited to all ONVOCADO content, except for user content, structure, software, as well as the entire content of the platform/website (structure, databases, graphics, texts, images, logos, graphic designs, etc.) and the services provided by ONVOCADO, except for user content, are the exclusive intellectual property of ONVOCADO or its content providers and may not be used for purposes other than using the platform and services, as well as be modified, copied, changed, reproduced, adapted, or translated by the USER or third parties without the express permission of ONVOCADO or the respective content owners. The fact that ONVOCADO provides the USER with information, databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio files, video files, and software owned by ONVOCADO or its content providers, which appear in the Services, does not mean a transfer of their ownership or any right to exploit them in favor of the USER, except for the lawful use of the Services in accordance with their purpose.

The use of the content of the Services without the permission of ONVOCADO is prohibited. This prohibition includes exploitation, reproduction, publication, transformation, distribution, transmission by any means, subsequent publication, public distribution, or presentation of such content in whole or in part. Any of the described actions will constitute a violation of ONVOCADO's intellectual property rights and will be punishable under applicable laws. The content provided by the USER is their exclusive responsibility. The USER declares and warrants that they have all necessary rights and licenses/permissions required for the use and publication through the platform and services of the content and all its constituent elements/parts. The USER is responsible to ONVOCADO for claims from third parties regarding copyrights and other intellectual property rights over the content and all its elements/parts, guaranteeing that they hold the necessary rights and/or permissions/licenses for their use and publication through the platform and services of ONVOCADO. In case ONVOCADO's responsibility is engaged by a third party for violating intellectual property rights, trademarks, or other similar rights due to the USER's non-compliance with the previous sentence, ONVOCADO has the right to claim the corresponding costs and to compensate ONVOCADO for all incurred expenses, costs, or imposed sanctions, including costs for legal or administrative proceedings, as well as for all damages suffered in an amount greater than stated.

The relations between the parties arising from the application of these General Terms and Conditions and any specially signed agreements/contracts between the parties will be governed by the provisions of Bulgarian law.

All disputes arising between the parties will be settled as far as possible through negotiations, and if an agreement cannot be reached, by the competent court in Sofia.

These General Terms and Conditions are effective as of 26.07.2024. Account registration on the platform implies mandatory, complete, and unconditional acceptance by the USER of these general terms and conditions. Clauses of general or special terms of use of the platform and/or services prepared by the USER that contradict these general terms and conditions do not bind ONVOCADO unless they have explicitly expressed written consent to accept them. ONVOCADO reserves the right to unilaterally amend and/or supplement these General Terms and Conditions, notifying the USER in a timely manner by providing access to the information on the website - www.onvocado.com.

ONVOCADO reserves the right to set special conditions in its relationships with a given USER that do not coincide with these General Terms and Conditions.

If you have any questions about these Terms and Conditions, You can contact us by email: support@onvocado.com