Terms of Service

Last updated: March 12, 2024

Welcome to the world of RivalWing! This is a legal document that governs your use of our services. By using our services, you agree to be bound by these terms and conditions. If you do not agree with all of the terms in this agreement, do not use our services.

1. Terms

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://RivalWing.com website or applications (the “Service”) operated by PRODIPIX 152 doing business as RivalWing (“RivalWing”, “us”, “we”, or “our”).

THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND PRODIPIX 152 AND GOVERN THE USE OF AND ACCESS TO THE SERVICE AND SITE. THESE TERMS APPLY TO ALL VISITORS, USERS, SUBSCRIBERS, AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE OR WHO WISH TO ACCESS OR USE THE SERVICE.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service and should not enter.

2. Access to and use of the service

2.1 Grant of License. RivalWing hereby grants to the User, solely for internal use by the Users, a non-transferable, non-exclusive right and license to access and use the Web Application (the “License”) during the Term, made available to the User through an online application at https://rivalwing.com or any related subdomains, and hosted on RivalWing systems.

2.2 Changes to License. RivalWing reserves the right to modify the Terms without notice at any time, and it is the User’s responsibility to review the Terms regularly to remain updated as to any changes, for by agreeing to these Terms, the User is agreeing to be bound by any changes to the Terms or License during its use of Subscription Services.

2.3 User Responsibilities. The User agrees that throughout the Term, it will:

  1. be responsible for its and all Authorized Users’ compliance with the Agreement as may be updated, amended, or modified from time to time;

  2. be responsible for the accuracy, quality, and legality of User Data;

  3. use commercially reasonable efforts to prevent unauthorized access to or use of Web Application, and notify RivalWing promptly of any such unauthorized access or use; and

  4. use the Subscription Services only in accordance with the Agreement and all applicable laws and government regulations;

  5. all the website, graphics, and marketing content belongs to RivalWing and can’t be used without explicit permission for monetary or non-monetary gains.

and User will not, and will not permit Authorized Users, directly or indirectly at any time to:

  1. allow access to the Subscription Service or use for the benefit of any other party;

  2. sell, license, distribute, rent, or lease any Subscription Service to any third party, or otherwise exploit any Subscription Service;

  3. use any Subscription Service to store or transmit infringing, libelous, or unlawful material, or any material in violation of third-party privacy rights, or do anything unlawful, misleading, malicious, or discriminatory;

  4. interfere with or disrupt the integrity or performance of any Subscription Service or third-party data;

  5. attempt to gain unauthorized access to any Subscription Service or Systems;

  6. access any Subscription Service, or use the information to build or encourage a competitive product or service;

  7. reverse engineer, decompile, disassemble, replicate, copy, publish, adapt, modify, translate, or create derivative works or otherwise misappropriate any part of Subscription Services;

  8. upload, post, publish, or otherwise transmit through the Web Application any viruses, bugs, or other harmful, disruptive, or destructive files;

  9. violate any local, state, provincial, federal, or foreign law, treaty, regulation, or convention applicable to the User in connection with the use of the Subscription Services.

2.4 User Data. The User shall provide RivalWing User Data that is accurate, complete, and current, and shall notify of any change to such information. RivalWing shall protect and secure all User Data in accordance with industry-accepted data protection and security tools, and RivalWing will follow its established archival procedures for all User Data. If User Data is lost or corrupted, RivalWing will immediately notify the User and promptly restore the lost or corrupted User Data from the latest backup of such archived User Data. RivalWing will not be responsible for any loss, destruction, alteration, unauthorized disclosure, or corruption of User Data as a result of the use of the Subscription Services or caused by any third party.

3. Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

4. Payment, and Subscription

4.1 Subscription. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or RivalWing cancels it. You may cancel your Subscription renewal by contacting the RivalWing customer support team, or manually cancel it from the dashboard settings.

A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide RivalWing with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize RivalWing to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, RivalWing will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4.2 Suspension of Access. If Subscription Fees are not received when due, RivalWing reserves the right to suspend a User account by blocking all login attempts to the Web Application or ceasing to provide Support, until such account is paid in full. RivalWing’s right to suspend an account is in addition to any other rights and remedies available to RivalWing in the event of non-payment, and the termination rights set forth herein. RivalWing shall not be liable to a User or to any other person as a result of any suspension or termination of access to the Web Application in accordance with these Terms. Suspension of an account does not eliminate a User’s obligation to pay all amounts outstanding to the date of such suspension or thereafter for the remainder of the Term of a User’s account, as the case may be.

4.3 Taxes. Subscription Fees do not include any Taxes. User is responsible for paying all Taxes associated with its use of the Subscription Services. If RivalWing has the legal obligation to pay or collect Taxes for which User is responsible with respect to the Subscription Services, RivalWing will invoice User, and User will pay that amount unless User provides RivalWing with a valid tax exemption certificate authorized by the appropriate taxing authority.

4.4 Future Functionality. User agrees that the Subscription Services are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by RivalWing regarding future functionality or features.

4.5 Refunds. Your purchase of the Subscription Services is final, and there are no refunds or credits for partially used periods. Certain refund requests for Subscriptions may be considered by RivalWing on a case-by-case basis and granted at the sole discretion of RivalWing.

4.6 Modification of Services. RivalWing reserves the right at any time to modify the Subscription Services, including but not limited to changing or adding functionality, and User’s continued use of the Subscription Services after such changes are made constitutes User’s acceptance of such changes.

4.7 Free Trial or Plan. RivalWing may, at its sole discretion, offer a Subscription with a free trial or plan for a limited period of time (“Free Trial” or “Free Plan”). You may be required to enter your billing information in order to sign up for the Free Trial or Free Plan. If you do enter your billing information when signing up for the Free Trial or Plan, you will not be charged by RivalWing. Once you select a paid plan, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription (monthly or annually) you have selected. At any time and without notice, RivalWing reserves the right to (i) modify the terms and conditions of the Free Trial or Free Plan offer, or (ii) cancel such Free Trial or Free Plan offer.

4.8 Fee Changes. RivalWing in its sole discretion and at any time may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. RivalWing will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5. Content

5.1 Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

5.2 By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

5.3 You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

5.4 RivalWing has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of RivalWing or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Accounts

6.1 When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

6.2 You are responsible for maintaining the confidentiality of your account and password, or any other credentials, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

6.4 We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

7. Intellectual Property

You and RivalWing shall maintain all rights, title, and interest in and to all Your and RivalWing’s respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly permitted herein, all rights, title, and interest in and to the Service and all hardware, software, and other components of or used to provide the Service, including all related intellectual property rights, will remain with and belong exclusively to RivalWing. RivalWing shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations, or other feedback We receive from Users. RivalWing and RivalWing’s other product and service names, and logos used or displayed on the Service are trademarks or registered trademarks of RivalWing (collectively, “Marks”), and You may only use such Marks to identify You as a User. You shall not attempt to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent RivalWing, its services, or its products.

Our Service may contain links to third-party websites or services that are not owned or controlled by RivalWing.

RivalWing has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that RivalWing 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Cancellation & Termination

9.1 We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

9.2 If you wish to terminate your account, you may simply discontinue using the Service.

9.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9.4 No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then-effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is canceled.

9.5 RivalWing reserves the right to modify, suspend, or terminate the Service (or any part thereof), Your Account, rights to access and use the Service, and remove, disable, and discard any of Your Data if We believe that You have violated these Terms. Unless legally prohibited from doing so, RivalWing will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. RivalWing shall not be liable to You, or any other third party for any such modification, suspension, or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, or your users may be referred to law enforcement authorities at Our sole discretion.

10. Indemnification

You agree to defend, indemnify and hold harmless RivalWing and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. Limitation Of Liability

In no event shall RivalWing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Disclaimer

12.1 Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

12.2 RivalWing its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

12.3 Further, RivalWing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services on its website or otherwise relating to such materials or on any sites linked to this site.

13. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of South Africa, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contacts us on the contact form on our website.

14. Changes

We reserve the right, at our sole discretion, 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.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Contact Us

If you have any questions about these Terms, please contact us on our contact form on our website.