Terms & Conditions
Last updated: November 4, 2024
1. Introduction
Please carefully read these Terms and Conditions (“Terms”)as they govern your use of and access to Slotted’s application, website, and services collectively referred to as the "Service."
Use of the Service maybe subject to additional terms and conditions presented by Slotted which are herby incorporated by this reference into these Terms
By accessing or using the Service, you agree to comply with these Terms. If you do not agree with any part of these Terms, please discontinue use of the Service.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make individual use of the Service and the Content (collectively," Access"). This Access shall remain in effect unless and until terminated by you or Slotted. You agree that you will not redistribute, copy, transfer, or attempt to recreate the Service or the Content
Service Provider
These Terms are an agreement between you ("You" or "the User") and Slotted, Inc. ("the Company," "We," "Us," or" Our"), a Delaware Corporation with its main mailing address at 322 W5th Street #109, Marysville, OH 43040.
2. The Slotted Service Provided by Us
We provide several service options to different parties. Certain options are provided free-of-charge, while others require payment before they can be accessed (“Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Not all services will be available to all users and the services You have access to will be determined by your choices in the onboarding flow.
Trials
From time to time, we or others, on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using Slotted via a Trial, you agree to the Paid Subscription Terms.
Service Limitations and Modifications
We use reasonable care and skill to keep the Service operational. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
- The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements
- We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop(permanently or temporarily) providing all or part of the Service (including particular functions, features, subscription plans and promotional offerings).
- Slotted has no obligation to provide any specific content through the Service, and Slotted or the applicable owners may remove particular providers, provider profiles, or other Content without notice.
If you have prepaid fees directly to Slotted for a Paid Subscription that Slotted discontinues before the end of your Pre-Paid Period (as defined in the Payments and Cancellations section below), Slotted will refund the unused portion of your prepaid fees for the current Paid Subscription. To receive are fund, your account and billing information must be current.
Slotted is not liable and has no obligation to provide refunds for internet or other service outages or failures caused by government actions, third parties, or events beyond our control.
3. Your Use of the Slotted Service
Creating a Slotted Account
There are two user types on Slotted; those who are seeking fulfillment services “Brands” and those who are offering fulfillment services “Providers.” A user selects a single user type upon sign up.
When creating an account with Us, You must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of these Terms and may result in immediate termination of Your account.
You are responsible for safeguarding Your password and any activities conducted under it, whether with Our Service or a Third-Party Social Media Service. You agree not to share Your password with any third party and to notify Us immediately of any security breach or unauthorized use of Your account.
Your username cannot be the name of another person or entity, a name or trademark owned by another without authorization, or a name that is offensive, vulgar, or obscene.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Brand Capabilities
Brands can use the Service to upload business information, analyze order history, search for Providers, message Providers, submit RFPs, and conduct analysis.
Brands can organize teams and invite users to their teams to aid in the RFP process. The Brand is solely responsible for ensuring that access is only given to Users deemed authorized by the Brand.
Brand Mechanics
In order to submit an RFP, Brands must have an active credit card on file and pay a deposit “Deposit”, which is fully refundable upon selecting a Provider from the platform“ Chosen Provider” and upon receiving confirmation from all participating Providers that the Brand adhered to the Slotted House Rules “House Rules.”
The House Rules are as follows:
1. Brand did not waste providers' time.
2. Brand spoke with each provider who receivedthe RFP.
3. Brand acted professionally and courteously.
Providers will complete a survey at the end of the RFP to verify Brand compliance with these guidelines. All Providers must confirm that the Brand adhered to the House Rules to receive their refund.
Providers have 30 days after the conclusion of the RFP process to confirm whether the Brand adhered to the house rules. If a provider fails to review within the 30-day window, it is assumed that the Brand adhered to the house rules.
Qualified refunds will be processed within 30 days after receiving confirmation from the Brand that they have begun operations with the “Chosen Provider.”
Provider Capabilities
Providers can use the Service to upload business information, create public location profiles,manage lead flow, analyzeproposals, submit RFP responses, and conduct analysis.
Providers can organize teams and invite users to their teams to aid in the RFP process. The Provider is solely responsible for ensuring that access is only given to Users deemed authorized by the Provider.
Provider Mechanics
To be invited to an RFP, Providers must have created a public profile of their fulfillment locations and have an active Paid Subscription. Providers will only receive validated leads who match the ideal customer profile that the Provider set up in the profile.
In addition to the Paid Subscription fee, the Provider agrees to pay a fee for business their earn through Slotted “Award Fee.” The Award Fee is calculated dynamically on a deal-by-deal basis and is visible to the Provider before they submit their RFP response to the Brand. Sending an RFP to the brand is considered an acceptance of this award fee. Invoices for half of the Award Fee will be due upon award of the business by the Brand and the balance will be due when the Brand starts shipping with the Chosen Provider. Should a Brand choose not to move forward with the Chosen Provider, the Chosen Provider shall forfeit the first half of the Award Fee and the Company shall forfeit the second half of the Award Fee.
Any attempt to circumvent Slotted and pursue a lead outside of the Service can result in a lifetime ban of the User and/or the Provider at the Company’s sole discretion.
Slotted’s Proprietary Rights
The Service and the Content are the property of Slotted or Slotted’s partners. All Slotted trademarks, service marks, trade names, screen shots, logos, domain names, and any other features of the Slotted brand ("Slotted Brand Features") are the sole property of Slotted or its partners. These Terms do not grant you any rights to use any Slotted Brand Features whether for commercial or non-commercial use.
4. Content &Intellectual Property Rights
Your Right to Post Content
Our Service allows You to post Content, for which You are responsible regarding its legality, reliability, and appropriateness. By posting Content, You grant Us a license to use, modify, perform, display, reproduce, and distribute it on and through the Service. You retain all rights to Your Content and are responsible for protecting them, while allowing Us to make it accessible to other users who may also use it according to these Terms.
You represent and warrant that: (i) the Content is Yours or You have the rights to use it and grant Us this license, and (ii) posting Your Content does not infringe on any privacy, publicity, copyright, contract, or other rights of any person.
Content Restrictions
The Company is not responsible for the content posted by users of the Service. You acknowledge that You are solely responsible for the Content You post and any activity under Your account, regardless of whether it is by You or someone else using Your account.
You are prohibited from transmitting Content that is unlawful, offensive, upsetting, or otherwise objectionable, including (but not limited to) content that promotes illegal activities, is discriminatory, constitutes spam or unauthorized solicitation, contains malware or harmful software, infringes proprietary rights, impersonates others, violates privacy, or spreads false information.
The Company reserves the right, at its sole discretion, to determine whether Content is appropriate, and may refuse, remove, edit, or change any Content. Additionally, the Company may limit or revoke access to the Service if You post objectionable Content. Since the Company cannot control all user or third-party content on the Service, You agree to use the Service at Your own risk, understanding that You may encounter content You find offensive or incorrect. The Company is not liable for any such content, including any errors or omissions.
Content Backups
Although the Company performs regular Content backups, it does not guarantee against data loss or corruption. Backup failures may result from issues such as pre-existing data corruption or changes made during the backup process. The Company will provide support to troubleshoot known backup issues, but it assumes no liability for the integrity of Content or the inability to restore it. You agree to keep a complete, accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect others' intellectual property rights and respond to claims that Content on the Service infringes on copyright or other intellectual property. If You are a copyright owner or authorized representative and believe your work has been copied in a way that constitutes infringement on the Service, please submit a written notice to our copyright agent at contact@slotted.com, including a detailed description of the alleged infringement.
Be aware that You may be held liable for damages, including costs and attorneys' fees, if You misrepresent any Content as infringing on Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
To submit a notification under the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following written information (see 17 U.S.C. 512(c)(3) for details)::
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner
- A description of the copyrighted work claimed to be infringed, including the URL or a copy of the work.
- Identification of the URL or specific location on the Service where the infringing material is located.
- Your address, telephone number, and email address.
- A statement affirming your good faith belief that the disputed use is unauthorized by the copyright owner, agent, or law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
You may contact us atcontact@slotted.com. Upon receipt, the Company will take appropriate action, including potential removal of the disputed content.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any feedback on the Service, Providers, or Brands that You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Data Collection & Sharing
Slotted collects and processes personal data according to its Privacy Policy. Slotted is a subsidiary of Izba Group, LLC and reserves the right to share data with affiliated companies within the Izba Group, LLC for business purposes, including improving the Service and facilitating targeted campaigns.
Partnerships
The Service may generate affiliate revenue from the leads created or derived by the Service. While personal information is not directly shared with partners, Slotted may allow targeted campaigns via the Service or via links or webpages on it’s website or application.
Termination
We may terminate or suspend Your Account immediately, without notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service ends immediately. If You wish to terminate Your Account, simply discontinue use of the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company its affiliates, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE," with all faults and defects, without any warranty. To the fullest extent permitted by law, the Company and its affiliates, licensors, and service providers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from usage or trade practice. The Company does not warrant that the Service will meet your requirements, operate without error or interruption, or be compatible with other software or systems.
Additionally, the Company and its providers make no representations or warranties regarding (i) the operation or availability of the Service or its content, (ii) uninterrupted or error-free use of the Service, (iii) the accuracy or reliability of the information on the Service, or (iv) that the Service, its servers, or emails sent from the Company are free of harmful components.
Some jurisdictions may not allow certain warranty exclusions, so these limitations may not fully apply to You. In such cases, exclusions apply to the fullest extent permitted by law.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Disputes Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter in good faith through informal negotiations. If the dispute is not resolved within thirty (30) days of such efforts, the parties agree to submit the dispute to binding mediation administered by a mutually agreed-upon mediator in the State of Delaware. The mediation shall be conducted in accordance with the applicable rules of the selected mediation service, and the decision rendered by the mediator shall be final and binding upon the parties.
If any portion of this dispute resolution provision is deemed invalid or unenforceable, the remainder shall still be enforceable and the invalid or unenforceable portion shall be given effect to the greatest extent possible. Any legal action or proceeding arising out of or relating to this Agreement that is not resolved through binding mediation shall be instituted exclusively in the federal or state courts located in the State of Delaware. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By mail: 322 W 5th Street #109, Marysville, OH 43040
- By email: contact@slotted.com
